Smiley v. Farmers Insurance Co.

PREWITT, Presiding Judge.

Velma Smiley was killed when struck by an automobile driven by an uninsured motorist. Her children sought judgment against defendant under the uninsured motorist coverage of a policy of insurance issued to Mrs. Smiley. Following jury trial a verdict was returned finding that plaintiff’s damages were $100,000 and assessing fault 30 percent to Mrs. Smiley and 70 percent to the motorist. A stipulation was entered into that the uninsured motorist coverage was $30,000 and judgment was entered in favor of plaintiff for that amount. Plaintiffs and defendant appeal.

Defendant…