Pavignano v. Atlantic Casualty Insurance

Brown, S. C. C.

On April 11th, 1935, the plaintiff recovered a judgment against Frank Sorgento, Incorporated, as owner of an automobile and Joseph Sorgento, its operator, for death resulting from injuries to Natale Pavignano. The judgment was not paid by the owner or operator and this suit was brought against the defendant as their insurance carrier. The defendant moves to strike the complaint on the grounds that the plaintiff is without authority in law to bring this suit; that the complaint does not set forth a cause of action and is sham or frivolous. The defendant contends the Death act,…