Clarke v. Smith

On June 22, 1998, plaintiffs-appellees, Kimberly and Daniel Clarke, filed suit against defendants-appellees, Derek and Amber Smith, alleging that on April 7, 1993, Amber Smith had negligently caused a collision between her vehicle and a vehicle operated by Kimberly Clarke. Subsequently, Grange Mutual Insurance Company filed a complaint against the Smiths and others asking the court to declare that it did not owe a defense or indemnity to the Smiths. The trial court granted summary judgment in favor of Grange. On appeal, 'this court affirmed that decision by judgment entry.

Subsequently, the…