Federated Mutual Implement & Hardware Insurance v. Prather

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a diversity action for a declaratory judgment* 28 U.S.C. § 1332(a) (1), (c). The defendant Mr. Ronald Elkins, by his next friend and guardian First Peoples Bank of Johnson City, Tennessee, has moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure. The plaintiff Federated Mutual Implement and Hardware Insurance Company (Federated) has also moved for a summary judgment, Rule 56(a), Federal Rules of Civil Procedure.

It is clear from the pleadings, depositions and affidavits on file that Mr. Elkins was riding as a guest…