Berry v. Anderson

PRATTIS, ].,

Defendant Keystone Insurance Company seeks summary judgment against plaintiff Theodore Berry in his action to garnish defendant for the amount of a verdict against defendant’s insured in excess of the policy limits of the insured.

In April, 1980, plaintiff Berry was a passenger in an automobile which was struck by an automobile driven by Anderson, defendant’s insured. Plaintiff suffered serious injuries, and during the course of treatment, developed paralysis in his arms and legs, which condition is apparently permanent.

*166Defendant’s insured notified defendant on the day of the…