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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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