Owens v. Gresham

Lewis, Justice:

This action was brought to recover for the alleged wrongful death of plaintiff’s intestate, John B. Owens, Jr., who was instantly killed while riding in an automobile driven by defendant, Thomas Maxwell Gresham. The fatal accident occurred when the automobile in which the intestate was riding was struck by an automobile driven by one Carolyn Lynne Fowler. Originally the action was brought against both the defendant Gresham and Fowler; but subsequently the claim against Fowler was settled under a covenant not to sue and the complaint amended so as to eliminate her as a party to…