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USAA CAS. INS. CO. v. SMITH

Civil Action No. 1:10CV115.

971 F.Supp.2d 599 (2013)

USAA CASUALTY INSURANCE COMPANY, as subrogee of Arthur Ammermuller, Suzanne Cerabone, Jeanne Ammermuller, Erica Ammermuller, Allison Ammermuller, and Christopher Woood, Plaintiff, v. Paul Garrett SMITH, d/b/a P.H. One Trucking, P.H. One Trucking, David S. Gilb, John Doe Mechanic, and John Doe Brake Repair Shop, Inc., Defendants.

United States District Court, N.D. West Virginia.

September 12, 2013.

Attorney(s) appearing for the Case

Bradley K. Shafer , P. Joseph Craycraft , Swartz Campbell LLC, Wheeling, WV, for Plaintiff.

C. Michael Bee , Douglas A. Spencer , Hill, Peterson, Carper, Bee & Deitzler, PLLC, Charleston, WV, R. Gregory McDermott , McDermott & Bonenberger, PLLC, Wheeling, WV, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S RENEWED MOTION FOR SUMMARY JUDGMENT [DKT. NO. 71] AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. NO. 74]

IRENE M. KEELEY, District Judge.

Pending before the Court are the parties' competing motions for summary judgment. (Dkt. Nos. 71, 74). The plaintiff, USAA Casualty Company ("USAA"), seeks a declaration that it has a legal right of subrogation against the defendants, Paul Garrett Smith...

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