Day v. American Heritage Life Insurance Co.

PARKER, Justice.

American Heritage Life Insurance Company (“AHLIC”) petitions this Court for a writ of mandamus directing the Bullock Circuit Court to vacate its March 13, 2009, order denying AHLIC’s motion to sever the claims against it from the claim against David Garth, an inmate who attacked and injured the plaintiff, Vernon Day, a correctional officer, and to sever the claims. We grant the petition and issue the writ.

Background and Procedural Posture

On or about June 19, 2007, Garth, an inmate at the Bullock County Correctional Facility, allegedly attacked Day, a correctional officer at…