Vogus v. Angry

The defendants Jerry Paul Vogus and K.C. Company appeal from the denial of a Rule 60(b), Ala.R.Civ.P., motion for relief from a judgment entered in favor of the plaintiff Gwendolyn Angry. Our supreme court has transferred this case to this court pursuant to § 12-2-7(6), Ala. Code 1975. We reverse and remand.

In May 1995, a vehicle driven by Vogus struck a vehicle driven by Angry. The vehicle Vogus was driving was owned by K.C. Company, Vogus's employer. Angry, through her attorney, filed a claim with K.C. Company's insurance carrier for damages arising out of the accident. However, in a…