State Farm Mutual Insurance v. State

OPINION

Mitchell, J.

This subrogation action was brought by Claimant, State Farm Mutual Insurance Company (“State Farm”), to recover for amounts that it had paid on behalf of its insured, Orval I. Porter. On July 11, 1997, State Farms insured, Orval Porter, was travelling to the Auto Haus on Edens Expressway in his Toyota sport utility vehicle. Robert Braxton was a passenger in the car. Mr. Porter had entered the Edens Expressway at Wilson Avenue and was proceeding northbound in the right lane of traffic. As he went under the Elston Avenue bridge, a large chunk of concrete fell from the bridge,…