Miller v. Doe

TOMLIN, Presiding Judge (W.S.).

This is an uninsured motorist case. Plaintiffs were injured when they were allegedly forced off the road by an unknown driver who did not stop for the accident. There was a jury verdict in favor of the plaintiffs’ uninsured motorist carrier, Auto Owners Insurance Co. (“Auto Owners”), who answered the complaint on behalf of the unknown driver. While plaintiffs have raised several issues on appeal, the pivotal issue is whether the trial judge aptly performed his function as a thirteenth juror in approving the jury verdict. We are of the opinion that he did not,…