Mathes v. Davis

By Judge Charles E. Poston

The Defendants, Kaye Davis and Liberty Mutual Insurance Company, have filed a Demurrer and Plea in Bar to the Complaint filed by the Plaintiff, Daniel R. Mathes, and request that the Court dismiss the Plaintiffs Complaint. Having considered the parties’ submissions and argument of counsel, the Court grants the Defendants’ Plea in Bar. Because of the Court’s ruling on the Plea in Bar, there is no need to address the Demurrer.

I. Factual and Procedural History

For familiar reasons, the Court views the facts in the light most favorable to the Plaintiff. In 2002, Liberty…