STATE FARM FIRE & CAS. CO. v. SMITH

2081054.

39 So.3d 1172 (2009)

STATE FARM FIRE & CASUALTY COMPANY, as subrogee of JC Propeller Service; and JC Propeller Service v. Aretha SMITH.

Court of Civil Appeals of Alabama.

December 11, 2009.


Attorney(s) appearing for the Case

J. Paul Clinton of Stokes & Clinton, PC, Mobile, for appellant State Farm Fire & Casualty Company, as subrogee of JC Propeller Service.

Submitted on appellant's brief only.


BRYAN, Judge.

State Farm Fire & Casualty Company ("State Farm"), as subrogee of its insured, JC Propeller Service ("JC Propeller"), and JC Propeller appeal from the dismissal of their action against Aretha Smith. We reverse and remand.

On December 29, 2008, State Farm and JC Propeller sued Smith, alleging that Smith had negligently caused an automobile to collide with a building owned by JC Propeller. On February 6, 2009, Smith filed a motion to dismiss...

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