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Campbell v. State Farm Mutual Automobile Insurance Co.

United States District Court, W.D. North Carolina, Charlotte Division

April 9, 2019

DAVID SCOTT CAMPBELL, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND JOHN DOE, Defendants.

          MEMORANDUM AND ORDER

          David S. Cayer United States Magistrate Judge.

         THIS MATTER is before the Court on Plaintiff's “Motion to Stay Proceedings and to Compel Arbitration, ” Doc. 4, Plaintiff's “Motion to Appoint Arbitrator, ” Doc. 5, Plaintiff's “Motion to Stay Initial Attorney's Conference, ” Doc. 6, and “Defendant State Farm Mutual Automobile Insurance Company's Motion to Stay Pending Declaratory Judgment, ” Doc. 7, and the parties' associated briefs and exhibits, Docs. 8-12.

         This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1), and these Motions are now ripe for consideration.

         Having fully considered the arguments, the record, and the applicable authority, the Court will grant Defendant's Motion to Stay Pending Declaratory Judgment and deny without prejudice Plaintiff's three Motions as discussed below.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         This matter arises out of a bicycle accident that occurred on August 18, 2017. At approximately 7:04 am, Plaintiff David Campbell was found lying in or near the northbound lane of the 9300 block of Blair Road in Mint Hill, North Carolina. Campbell alleges that an unknown vehicle driven by John Doe failed to reduce speed and struck his bicycle. Campbell's bicycle landed in the road and he was thrown to the side of the road, landing with his feet on the fog line and his head in the grass. He lost consciousness upon impact. His last memory before the collision was glancing at his speedometer. His first memory after the collision was coming to in the ambulance. He sustained severe facial fractures as well as injuries to his knees, right elbow, wrist and shoulder.

         At the time of the accident, Campbell was insured under State Farm Policy Number 301 3161-D03-33X (“the Policy”), which provided $250, 000 per person and $500, 000 per accident in uninsured motorist (“UM”) coverage.

         The Policy provides:

Part C1 - Uninsured Motorists Coverage
INSURING AGREEMENT
We will pay compensatory damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of:
1. Bodily injury sustained by an insured and caused by an accident; and
2. Property damage caused by an accident. . . . .
“Uninsured motor vehicle” means a land motor vehicle or trailer of ...

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