Tri-State Insurance Co. v. Busby

Frank Holt, Justice.

This is an action to recover damages in excess of the insured’s policy limits. The appellant issued to appellee Ethel Louise Nelson (Mrs. W. P.) an automobile liability insurance policy with coverage limited to $10,000 as to any one claim. On July 10, 1964, as appellee Nelson drove her car away from a curb she struck and injured appellee Mary Busby as she stepped into the street. A jury awarded Mrs. Busby $20,000 damages and her husband, appellee Bruce Busby, $5,000. The jury also found Mrs. Nelson 65% negligent and Mrs. Busby 35%. After appropriate deductions for Mrs.…