Lejeune v. Midwestern Ins. Co. of Oklahoma City

DAWKINS, Chief Judge.

Plaintiffs, on April 2, 1951, sued in tort the defendant as insurer of T. S. C. Motor Company for the death of their infant daughter alleged to have been caused by the negligence of the insured in a collision between an automobile driven by the insured and another vehicle driven by Miss Marguerite McCardell. Defendant, Midwestern Insurance Company (called Midwestern), on April 26, 1951, moved for summary judgment on the following grounds:

a) That defendant’s insured and Miss McCardell were joint tort feasors ;

b) That plaintiffs had settled with, and released from further…