DOE v. BINKER

Nos. 82-1255, 82-1256, 82-1631 and 82-1632.

492 A.2d 857 (1985)

John DOE, c/o National Union Fire Insurance Co., c/o Travelers Indemnity Co., Appellant, v. Bonnie L. BINKER, et al., Appellees. Bonnie L. BINKER, et al., Appellants, v. John DOE, et al., Appellees.

District of Columbia Court of Appeals.

Decided February 28, 1985.


Attorney(s) appearing for the Case

Charles E. Gallagher, Jr., Alexandria, Va., with whom William B. Spellbring, Jr., Upper Marlboro, Md., was on the briefs, for John Doe, c/o National Union Fire Insurance Co.

David P. Durbin, Washington, D.C., with whom Dwight D. Murray, Washington, D.C., was on the brief, for John Doe, c/o Travelers Indemnity Co.

William T. Freyvogel, Arlington, Va., with whom John M. Clifford, Washington, D.C., was on the briefs, for Bonnie L. Binker, et al.

Gary Ulmer, Washington, D.C., with whom William R. Scanlin, Washington, D.C., was on the brief, for Donald Peden.

Before PRYOR, Chief Judge, and NEWMAN and ROGERS, Associate Judges.


PRYOR, Chief Judge:

Bonnie L. Binker as administratrix of the estate of her husband, Carl W. Binker, Jr., brought suit under the D.C. Wrongful Death Act (D.C.Code § 16-2701 (1981)), and the D.C. Survival Act (id. § 12-101), against an unidentified motorist, John Doe, whose alleged negligence caused the death of Mr. Binker in an automobile collision. At the time of his death, Mr. Binker was covered by two automobile liability insurance policies, one...

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