Nationwide Mutual Insurance v. Shumate
District Court, S.D. West Virginia
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are the parties’ cross motions for summary judgment. The Court GRANTS the Plaintiffs motion and DENIES the Defendant’s motion.
I. FACTUAL BACKGROUND
On January 27, 1999 Defendant Todd Shumate was driving a 1990 Nissan truck in Morgantown, West Virginia. Shumate’s vehicle was struck by a 1985 Pontiac Fire-bird driven by Leroy D. Overton. After the collision, an altercation ensued, and Overton physically assaulted Shumate. Shumate suffered injuries from the physical assault, but suffered no injuries as a result of the collision.
Shumate was…
2Cases cited6 opinions
- Thompson Everett, Inc. v. National Cable Advertising, L.P. Cable Networks, Inc. Cable Media CorporationCourt of Appeals for the Fourth Circuit · 1995
- Detroit Automobile Inter-Insurance Exchange v. HigginbothamMichigan Court of Appeals · 1980
- Adkins v. MeadorWest Virginia Supreme Court · 1997
- Baber v. Fortner by PoeWest Virginia Supreme Court · 1991
- Nationwide Mutual Insurance Company v. BrownCourt of Appeals for the Fourth Circuit · 1985
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3Cited by4 opinions
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- Keefer v. FerrellWest Virginia Supreme Court · 2007