Tolliver v. Braden

Defendant-appellant, Donald D. Brady, appeals a decision of the Hamilton County Court of Common Pleas granting summary judgment in favor of third-party defendant-appellee, the Insurance Company of the State of Pennsylvania (“I.S.O.P.”).

Plaintiff Brenda A. Tolliver filed a wrongful death suit against Brady and defendant Robert Braden alleging that Tolliver’s decedent, Jerome Anderson, Jr., was struck and killed by a tractor truck driven by Brady and owned by Braden. At the time of the accident, Brady was not hauling freight or pulling a trailer; he was driving the tractor home from a social…