Lister v. Plunk

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The action sub judice was instituted on April 9, 1976, with a complaint filed by Helen Cates (now Helen Cates Lister), individually and as the mother and next friend of Anna Cates, Johnnie Cates and Tolbert Cates, III, minors. Plaintiffs sues defendants Theron W. Plunk and James O. Kirby for damages in connection with the death of Tolbert Fanning Cates, husband of plaintiff and father of said minors.

Plaintiff T. C. Lewis (Lewis) was the owner of the vehicle which was being operated by Cates at the time of the accident. He sues for damages to…