KIMBERLY v. BANKERS & SHIPPERS INS. CO.

Nos. C78-1968A, C78-1969A, C78-1970A, C78-1971A and C78-1972A.

490 F.Supp. 93 (1980)

Betty Lou KIMBERLY, Individually and as Personal Representative of the Estate of Kathy Kimberly, Deceased, Plaintiff, v. BANKERS & SHIPPERS INSURANCE COMPANY, a corporation, et al., Defendants. Betty Lou KIMBERLY, Individually and as Personal Representative of the Estate of Shari Lynn Kimberly, Deceased, Plaintiff, v. BANKERS & SHIPPERS INSURANCE COMPANY, a corporation, et al., Defendants. Mary SMITH, Individually and as Personal Representative of the Estate of Margaret S. Collins, Deceased, Plaintiff, v. BANKERS & SHIPPERS INSURANCE COMPANY, a corporation, et al., Defendants. Arthur H. SMITH, Individually and as Personal Representative of the Estate of Cynthia L. Smith, Deceased, and Stephanie Smith, Plaintiffs, v. BANKERS & SHIPPERS INSURANCE COMPANY, a corporation, et al., Defendants. Lisa HANNA, a Minor, by and through her mother and next friend, Linda Johns, Individually, Plaintiffs, v. BANKERS & SHIPPERS INSURANCE COMPANY, a corporation, et al., Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

March 5, 1980.


Attorney(s) appearing for the Case

William Wagner, Wagner, Cunningham, Vaughan, Genders & McLaughin, P.A., Tampa, Fla., William Q. Bird, Bird, Scherffius, Flexner & Cronkright, P.C., Atlanta, Ga., for plaintiffs.

Guerry R. Moore, James B. Hiers, Jr., Swift, Currie, McGhee & Hiers, Atlanta, Ga., for defendants Bankers & Shippers Ins. Co. and J. H. Ware Trucking Co.

Joseph P. Murdock, Smith & Murdock, Indianapolis, Ind., and J. Robert Persons, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for Gates Trucking Co.

J. Robert Persons, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for Occidental Fire & Cas. Co. of North Carolina and William LeRoy Hahn.


ORDER

ORINDA DALE EVANS, District Judge.

The above-captioned cases are now before the Court on Defendants Occidental Fire & Casualty Company and Bankers & Shippers Insurance Company's Motions for Summary Judgment. Briefs have been submitted by both sides. These cases are wrongful death and personal injury lawsuits brought by the Plaintiffs against two interstate motor carriers and their insurers arising out of a vehicular collision. The Movants,...

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