NATIONWIDE MUTUAL INSURANCE COMPANY v. VAUGHN

Civ. A. No. 68-C-12-H.

307 F.Supp. 805 (1969)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Roger Lee VAUGHN et al., Defendants.

United States District Court W. D. Virginia, Harrisonburg Division.

December 22, 1969.


Attorney(s) appearing for the Case

Wayt B. Timberlake, Jr., Timberlake, Smith & Thomas, Staunton, Va., for plaintiff.

Richard F. McPherson, Nelson, McPherson & Summers, Staunton, Va., for John E. Kent.

Philip Lee Lotz, Cochran, Lotz & Black, Staunton, Va., for Glenn O. Humphrey.

W. W. Wharton, Wharton, Aldhizer & Weaver, Harrisonburg, Va., for State Farm Mut. Auto. Ins. Co.

Henry M. Sackett, Jr., Williams, Robertson & Sackett, Lynchburg, Va., for Allstate Ins. Co.


OPINION AND JUDGMENT

DALTON, Chief Judge.

On April 13, 1968, a 1966 Chevrolet Chevelle, driven by William Driver, collided on U.S. Highway 11, just north of the City of Staunton, with an automobile operated by Ernest Humphrey. Roger Lee Vaughn and Robert S. Leech, Jr., were passengers in the Chevelle. Riding with Ernest Humphrey were his wife, son and daughter. Roger Lee Vaughn was the only survivor of the accident.

As a result of this accident personal...

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