Davis v. Allstate Insurance Co.

GLADNEY, Judge.

Paul Ettric Davis and his wife, Mary Jane McFarland Davis, parents of four year old Glenn Alan Davis, have brought this tort action for the recovery of damages from Allstate Insurance Company, the defendant herein, and the liability insurer of William Edward Verner, father of Billy Verner. It is alleged by plaintiffs that their son’s death, which occurred on October 6, 196S, was caused by an act of negligence on the part of Billy Verner who was engaged in a game of tackle football.

Allstate defended on the ground that Billy Verner was not guilty of negligence, and alternatively…