A Walmart shopper who tried to stop a robber from escaping with his ill-gotten gains, only to be hit by the getaway car in the process, can’t sue Geico for bad faith over denial of uninsured motorist benefits.

U.S. District Judge Matthew W. Brann of the Middle District of Pennsylvania granted in part and denied in part Geico’s motion for summary judgment of Brenda G. Smerdon’s case against the insurer.