Estate of Kirk Ex Rel. Kirk v. Lowe

OPINION

in which W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

The Plaintiffs in this case sued “John Doe,” an unknown driver, for injuries and damages resulting from the death of Plaintiffs’ decedent. Process was served on decedent’s uninsured motorist insurance carrier pursuant to Tennessee’s Uninsured Motor Vehicle Coverage statutes. More than one year after the accident, the identity of the “John Doe” was discovered and Plaintiffs filed an amended complaint, naming him as Defendant. The Defendant moved for summary judgment on the basis that he was never an uninsured…