Wimberly v. Empire Fire and Marine Ins. Co.

OPINION

MOTZ, District Judge.

Plaintiffs Rodney Wimberly and National Consumers Insurance Co. (“National Consumers”) have brought suit against Empire Fire and Marine Insurance Co., seeking to collect more than $1.6 million in state court judgments resulting from an automobile accident in which Wimberly was injured. Plaintiffs and defendant both have moved for summary judgment. Plaintiffs’ motion will be denied, and defendant’s cross-motion will be granted. .

I

On October 12, 1993, Wimberly was a passenger in an automobile driven by Ter-rice Dewayne Coombs. According to police, Coombs fell asleep…