Tokley v. State Farm Insurance Companies

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

BATTEY, District Judge.

INTRODUCTION

This case arises from a collision which occurred on March 5, 1989, involving an automobile driven by an uninsured motorist, Deanna Jo Stetter, and two young children, Peter Tokley Jr. and Richard Perry, who were playing on their sleds when they were struck by Deanna Stetter’s car. At the time of the collision, Deanna Stetter was heavily intoxicated. Both children were killed as a result of the accident.

Peter Tokley Jr. (Peter), who was ten years old at the time of the accident, was…