ERIE INS. PROPERTY & CAS. CO. v. KENEDA

No. CIV.A. 5:00-0360.

142 F.Supp.2d 756 (2001)

ERIE INSURANCE PROPERTY & CASUALTY COMPANY, Plaintiff, v. Rebecca KENEDA, Administratrix of the Estate of Robert Aaron Keneda, et al., Defendants.

United States District Court, S.D. West Virginia, Beckley Division.

April 26, 2001.


Attorney(s) appearing for the Case

Kermit J. Moore, Brewster, Morhous & Cameron, Bluefield, WV, for Plaintiff.

Gary S. Wigal, Gianola, Barnum & Wigal, Morgantown, WV, for Defendant, Susan Keneda.

Pamela A. Lambert, Stephen P. New, Lambert & Associates, Gilbert, WV, for Defendants, Rebecca Keneda, Administratrix of the Estate of Robert Aaron Keneda, Christal Pearl Blankenship, Administratrix of the Estate of Tony Blankenship, Susan Keneda, and Robert Blankenship.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross-motions for summary judgment on behalf of Plaintiff Erie Insurance Property & Casualty (Erie) and Defendant Susan Keneda.1 As discussed below, the Court GRANTS Plaintiff's motion and DENIES Defendant's motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 3, 2000 Robert Aaron Keneda was operating an automobile...

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