Colbert v. Doe

Carley, Judge.

Appellant, Timothy Colbert, brought suit under Code Ann. § 56-407.1 (d) for personal injuries and expenses allegedly sustained as a result of the negligent operation of an automobile by an unknown driver. Service was made upon Colbert’s uninsured motorist carrier, Bankers & Shippers Insurance Company of New York. Bankers & Shippers answered, denying liability on the ground that there was no actual physical contact between the two vehicles, a requirement for recovery under Code Ann. § 56-407.1 (b) (2). The trial was bifurcated and the issue of liability was tried first. Appellant…