Rutherford v. Jenkins

CURRAULT, Judge.

This appeal brought by plaintiff, Frank H. Rutherford, arises from a jury award for personal injury damages rendered against defendant State Farm Mutual Automobile Association, plaintiffs uninsured motorist carrier.

On September 3, 1981, at approximately 4:00 p.m., plaintiff, Frank Rutherford, was proceeding west on the I — 10 westbound expressway in heavy traffic. The traffic was stopped or was moving slowly when plaintiffs vehicle, a 1974 Oldsmobile, was struck from the rear by defendant, Bobbie J. Jenkins. As a result, plaintiffs automobile was propelled into a post…