The claimant sought accident benefits; however, the insurer denied access and asserted that no accident within the definition had occurred. Adjudicator Rebecca Hines noted that the claimant dropped her kids off at a birthday party event at a mall. While returning to her vehicle she tripped on a pothole in the parking lot, “a few steps away from her minivan.” At no point did the claimant make physical contact with her vehicle when falling. Adjudicator Hines applied the purpose and causation tests. On review of FSCO jurisprudence, Adjudicator Hines determined that merely walking towards a parked car does not satisfy the purpose test. Nevertheless, the claimant also failed on the causation test when time and proximity was considered. The claimant was walking toward her car after attending a party; her keys in hand did not cause her to fall nor did it occur in the act of physically entering or exiting her vehicle. Indeed, the pothole was an intervening act to break the causation chain. Lastly, Adjudicator Hines noted that the risk of tripping in a pothole while in a parking lot was not reasonably associated with motoring. It was determined that the claimant had not been involved in an accident pursuant to section 3 and the claim for accident benefits was dismissed.
