Slater v. California State Automobile Ass'n

In this action upon an insurance policy, the amended complaint was stricken and summary judgment entered. Plaintiffs appeal. There is no conflict as to facts.

In an earlier action plaintiffs, a mother and her three minor children, recovered judgment for $77,412.24 for the wrongful death of their husband and father, and for injuries to plain tiff mother, resulting from a collision November 2, 1958, with an automobile driven by Frank Erceg, an unmarried minor. That judgment was against Frank Erceg only, and his parents were not parties to the action. The instant action, filed March 14, 1960,…