Summary Calendar MARY KATHERINE HOWELL, individually v. Government Employees Insurance Company

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 01-30800
Summary Calendar
____________________
MARY KATHERINE HOWELL, individually
and as administratrix and natural
tutrix on behalf of Chester Howell
Estate, on behalf of Melanie Howell,
on behalf of Tiffany Howell,
Plaintiff - Appellant
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY
Defendant-Appellee
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana, Shreveport
USDC No. 01-CV-295
_________________________________________________________________
December 6, 2001
Before KING, Chief Judge, and DAVIS and EMILIO M. GARZA, Circuit
Judges.
PER CURIAM:*
Plaintiff-appellant Mary Katherine Howell, individually and as
administratrix and tutrix, appeals the summary judgment granted by
the district court in favor of defendant-appellee Government
Employees Insurance Company (GEICO). Mrs. Howell argues that the

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death of Chester Howell arose directly from the negligent “use” of
an uninsured vehicle. We agree with the district court that
although a car was used to transport Mr. Howell to the secluded
roadway where he was shot, Mr. Howell’s death was not caused by the
negligent driving, handling or use of the car. His death arose
from the conscious decision of Timothy and Michael Taylor to shoot
him. Accordingly, the district court correctly granted summary
judgment in favor of GEICO.
The judgment of the district court is AFFIRMED.

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