Sutton v. Shelter Mutual Insurance

OPINION

SCHRODER, Judge.

Appellants appeal from an order of the Breckinridge Circuit Court granting appel- lees summary judgment in an action filed by Margaret Sutton, individually and as admin-istratrix of the estate of her minor daughter, and a third-party complaint filed by Kelly Finley seeking a declaration of his rights concerning insurance coverage. We affirm as to the latter award of summary judgment but reverse as to the former.

Ollie Sutton was a 17-year-old girl who died, as a result of being run over by a farm wagon. Kelly Finley, a 26-year-old man, was driving the tractor pulling the…