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VAN PENDLEY v. FIDELITY AND CASUALTY CO. OF NEW YORK

No. 71-1016.

459 F.2d 251 (1972)

Jerry VAN PENDLEY et ux., Plaintiffs-Appellants, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1972.

Attorney(s) appearing for the Case

Maurice Amidei, Dallas, Tex., for plaintiffs-appellants.

M. Hendricks Brown, Brown, Crowley, Simon & Peebles, Fort Worth, Tex., for defendant-appellee.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.

INGRAHAM, Circuit Judge:

This appeal arises from the grant of a judgment non obstante veredicto in a suit by appellant Jerry Van Pendley against appellee, The Fidelity and Casualty Company of New York. Appellant had previously filed suit against appellee's insured, Homer Thomas, and had received a judgment of $15,000 for personal injuries and other damages sustained by him when Thomas' car rolled back into him. Appellant filed this action against the insurer in a...

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