Booth v. Guaranty National Insurance

MEMORANDUM OPINION

DOWD, District Judge.

I

This is an action for monetary and declaratory judgment arising out of a motor vehicle crash that occurred in Stark County, Ohio on December 5, 1996. As a result of the accident, thirty-three year-old Jay Booth suffered permanent brain damage, was declared incompetent, and is under the guardianship of his mother, the plaintiff in this action. At the time of the crash, Jay Booth was operating a tractor-trailer leased to Berner Trucking Co. (“Berner Trucking”), which was insured by defendant Guaranty National Insurance Company (“Guaranty”) under a $4…