NO. 1243 PITTSBURGH, 1980, Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Allegheny County, at No. G.D. 79-18037.
Steven B. Larchuk, Pittsburgh, for appellant.
Robert B. Truel, Pittsburgh, for Monaghan, appellee.
Linton L. Moyer, Pittsburgh, for Stanislawczyk, appellee.
Montgomery, Hoffman and Van der Voort, JJ. Hoffman, J., concurs in the result.
[ 301 Pa. Super. Page 421]
The facts of this case were stipulated to by the parties. Plaintiff-appellee took her motor vehicle to the Brookline Mobile Gas station to have it inspected and repaired. The owner of said facility was working on another vehicle while appellee waited nearby in the garage. While the other vehicle was being worked upon, it moved forward and struck appellee. She suffered personal injuries. On that date, appellee was the named insured on a personal auto policy written by appellant-insurer.*fn1
Appellee filed a complaint in assumpsit, seeking payment of "Basic Loss Benefits" pursuant to her policy with appellant. The case was submitted to the court on the stipulation of facts and cross-motions for summary judgment. The court granted appellee's motion for summary judgment; denying appellant's motion. Damages were assessed at $17,854.60. After post-trial motions were denied, judgment was entered. This appeal followed.
The sole issue on this appeal is whether a patron on the premises of a repair facility, who is injured as a result of the work performed upon another vehicle may recover basic loss benefits under her own policy issued under the No-Fault Act. 40 P.S. 1009.101 et seq.
Section 1009.201(a) reads:
Right to basic loss benefits; limitation on benefits
(a) Accident within this State. -- If the accident resulting in injury occurs in this Commonwealth, any victim or any survivor of a deceased victim is entitled to receive basic loss ...