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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 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.