A 36 year old Joplin, Missouri resident settled an uninsured motorist claim with his insurance company relating to a crash of a vehicle that was being operated at an adventure park. The crash occurred when a modified GMC truck went out of control going through a mud pit. Off road parks can be found all across Missouri, including the Columbia, Moberly, Farmington, and Kansas City. As a result of the crash, the plaintiff had a broken hip and leg. The plaintiffs argued that the vehicle, although admittedly modified, could still be operated on public roadways and therefore met the definition of “vehicle” under the terms of the policy. The insurance company’s lawyers argued that it did not. The plaintiffs also argued that although the crash occurred on the adventure park’s private grounds, the public had access to the area and it must therefore be considered a public road way under Missouri law. The defendants argued that the park was an off-road vehicle park restricted to the public. After filing suit, the defendant insurance company paid the policy limits.
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