Midwestern Indemnity Co. v. Brooks

ORDER AND OPINION (1) DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ORTRIE D. SMITH, Senior District Judge.

Pending are cross motions for summary judgment. The Court hereby denies Defendants’ motion (Doc. #33) and grants Plaintiff’s motion (Doc. # 29).

I.BACKGROUND

The facts are undisputed. In September 2011, Defendant Malissa Brooks was riding a bicycle on Missouri Highway 18 when she was struck by a car driven by Clyde Lawrence. Malissa (or Malissa and her husband) filed suit against Lawrence in state court; that suit was settled for…