Gary v. Nationwide Mutual Insurance

Bussey, Justice.

Plaintiff-respondent, Gary, was injured in an automobile accident which occurred in the early morning hours of December 7, 1962, when an automobile owned by one William C. Richbourg collided with a vehicle operated by the *103said Gary. Gary brought suit against Richbourg and one W. C. Haynie, alleged by Gary to be the driver of the Richbourg car at the time of the collision. That action resulted in a verdict in favor of Gary against Haynie in the amount of $4,000.

In the instant action, Gary seeks to recover from the appellant Nationwide the amount of his recovery against Haynie…