Stokes v. Beatrice Foods Co.

CHANDLER, Chief Judge.

MEMORANDUM OPINION

This suit was originally brought on January 31, 1964, by plaintiff, Marvin Stokes, as a simple personal injury tort action against defendant, Beatrice Foods Co., a corporation, d/b/a Beatrice Cold Storage, arising out of an accident which occurred October 25, 1963.

Under date of March 6, 1964, Beatrice made demand on Allstate Insurance Company to assume defense of the action in its behalf and to pay, to the limits of its policy, any damages recovered against it. Allstate was insurer of the Farmers Trucking Association truck which was being loaded by…