COOPER BY AND THROUGH COOPER v. APLIN

86-1100.

523 So.2d 339 (1988)

Mark J. COOPER, non compos mentis, who sues By and Through his father and next friend, William V. COOPER v. Vester APLIN, et al.

Supreme Court of Alabama.

Rehearing Denied April 15, 1988.


Attorney(s) appearing for the Case

Jim L. DeBardelaben of McPhillips, DeBardelaben & Hawthorne, Montgomery, and Joe W. Adams, Ozark, for appellant.

M. Ashley McKathan of Powell, Powell & McKathan, and Vreeland G. Johnson, Andalusia, for appellees.


PER CURIAM.

The Issue: Whether the plaintiff, who has recovered and obtained satisfaction of a judgment against his insurer for less than the policy limits under the uninsured motorist provisions of an insurance policy, is foreclosed from suing several alleged joint tort-feasors, one of whom was the uninsured motorist referenced in the former suit.

The Facts: Mark Cooper, through his father William Cooper, as next friend ("plaintiff"), sued Vester...

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