Legal Opinion

Walkup v. Wabash National Corp.

Indiana Court of Appeals

Decided February 24, 1998No. 79A04-9709-CV-394PublishedCited by 3 opinions

1Opinion of the Court

OPINION

GARRARD, Judge.

David Walkup (‘Walkup”) appeals the trial court’s grant of summary judgment in favor of Wabash National Corp. (Wabash”), claiming that Wabash was not entitled to a lien against the settlement award he received under Wabash’s uninsured motorist policy.

We affirm. •

FACTS

While driving in the course and scope of his employment with Wabash on September 24, 1994, Walkup was injured when he was struck by Jimmy Pruett' (“Pruett”). The parties agree that the accident and Walkup’s injuries were entirely the fault of Pruett. Pruett was not insured when the accident occurred.…

2Cases cited5 opinions

  1. Crist v. K-Mart Corp.Indiana Court of Appeals · 1995
  2. Dearing v. PerryIndiana Court of Appeals · 1986
  3. Cannon v. American Underwriters, Inc.Indiana Court of Appeals · 1971
  4. Town & Country Mutual Insurance Co. v. HunterIndiana Court of Appeals · 1984
  5. Ansert Mechanical Contractors, Inc. v. AnsertIndiana Court of Appeals · 1997

3Cited by3 opinions

  1. Walkup v. Wabash National Corp.Indiana Supreme Court · 1998
  2. Kaiser v. North River Insurance Co.South Dakota Supreme Court · 2000
  3. Luze v. New Fb Co.South Dakota Supreme Court · 2020

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