Harrell v. Shelby Casualty Ins.

By Judge Everett A. Martin, Jr.

This declaratory judgment action comes before the court on stipulated facts and cross-motions for summary judgment. The motion of Shelby Casualty Insurance Company (“Shelby”) is granted; that of the plaintiff is denied.

On May 5, 2000, Charlene Harrell, then pregnant, stepped onto Butt Station Road in Chesapeake and was struck by a motor vehicle driven by Nathaniel Gonzales. The child she was carrying was delivered that same day at a Norfolk hospital and named Cherylann Harrell. Both the mother and the daughter died of injuries received in the motor vehicle…