Ussery v. American Indemnity Co.

DIXON, Judge.

This is a companion case to James C. Ussery v. Hanover Insurance Company, 222 So.2d 535, decided this day. The two cases arose out of the same occurrence, were consolidated for the purpose of trial, and came to us on appeal after the Trial Court had sustained an “exception of no cause and no right of action.”

Mr. Ussery brought this damage suit against the American Indemnity Company, the automobile liability insurer for Gibson’s Pharmacy, Inc., the owner of the Thunderbird which Mrs. Ussery drove into the side of Mr. Ussery’s Chrysler on January 23, 1967. Hanover Insurance Company…