Nationwide Mutual Insurance v. Tingle

MEMORANDUM OPINION

JOHNSTONE, Chief Judge.

This matter is before the Court for Judgment on the record. This is a diversity declaratory judgment action and jurisdiction is proper under 28 U.S.C. § 1332.

I. FACTS

This action arises out of an automobile accident in which Defendants Michael and Scott Saylor were severely injured when Defendant William Tingle, Jr. lost control of the car in which they were passengers. Both Michael and Scott Saylor have permanent injuries and Scott Saylor is a paraplegic. Michael and Scott Saylor have filed suit against Tingle in state court for injuries arising out of…