Robert v. Hartford Accident & Indemnity Co.

DAWKINS, District Judge.

Presented here for decision is defendant’s motion for summary judgment, based upon the allegations of the complaint and answer, and upon the depositions of plaintiff and one Guy Barnes, the driver of a truck-trailer combination with which plaintiff’s car collided.

The action is in tort, predicated upon the alleged negligence of Barnes, driver for defendant’s assured, M. S. Carroll Company, Inc., a Louisiana corporation. Proceeding under the Diversity Statute1 plaintiff sues defendant directly and alone2 for $25,164.51 as damages allegedly resulting from his personal…