Dwayne Vandagriff’s (Vandagriff) two dogs chased Robert Grisham (Grisham) as he was walking to his vehicle in a parking lot. One caught Grisham and bit him on his leg. When Grisham sued Vandagriff for the injury, coverage was requested from State Farm Mutual, Vandagriff’s automobile provider.

The dogs had been in Vandagriff’s pickup truck immediately prior to the incident. They had been left in the vehicle’s camper shell. Its slider window had been unlatched to provide air and water was placed inside for their comfort. Although Vandagriff was not aware of their abilities to escape, they had done so in the past and had exited prior to this incident only to be returned by a third party. They escaped the confines of the vehicle again in their chase and attack of Grisham that occurred approximately 25 yards from their truck.

Grisham sued State Farm for coverage because he argued that the It was obligated to pay for bodily injury damages that Vandagriff became legally liable to pay if the injury is “caused by accident resulting from the ownership, maintenance or use" of Vandagriff's vehicle.

State Farm was granted summary judgment and Grisham appealed.

The question for the appellate court was whether the Grisham accident was due to the ownership, maintenance or use of the vehicle. The court decided that because the injury occurred more than 25 yards from the vehicle, that is was not due to the ownership or maintenance of the vehicle. An argument was made that the use of the vehicle was storing of the dogs. The court rules that such use might have triggered coverage had the bite occurred in or on the vehicle but because it occurred away from the vehicle it was deemed not applicable.

The appellate court upheld the trial court opinion in favor of State Farm Mutual.

State Farm Mut. Auto. Ins. Co. v. Grisham, 122 Cal. App. 4th 563, 18 Cal. Rptr. 3d 809 (2004)