Bankston v. Aetna Casualty & Surety Co. of Hartford

CUTRER, Judge.

This is the second of two tort actions filed by the plaintiff, Georgie Bankston. The facts of the case, as are pertinent to this opinion, are as follows: On December 6, 1962, the plaintiff, while employed by Emile J. Courtney, a highway contractor, was struck and injured by a motor grader, owned by Courtney, and operated by another employee of Courtney’s, Melvin Henderson. In both suits the plaintiff alleged that the sole and proximate cause of injuries was the negligence of two of his fellow-employees, Melvin Henderson and Cecil Painter.

On November 7, 1963, the plaintiff filed…