Maxie v. Hartford Accident & Indemnity Co.

CULPEPPER, Judge.

Odell Maxie, as administrator of the estates of his two minor children, filed this suit for damages for personal injuries sustained by the minors in an automobile accident. The defendant is Hartford Accident & Indemnity Company, liability insurer of plaintiff’s own automobile, which plaintiff was driving, and in which the two minors were passengers.

On the day set for trial on the merits, plaintiff did not appear personally, but he did appear through his counsel of record. On motion by defendant, the trial judge dismissed plaintiff’s suit with prejudice. Plaintiff appealed.

The…