Zink v. Employers Mutual Liability Co.

KENNEDY, Presiding Judge.

Plaintiffs’ decedent, James Zink, and defendant James E. Allis were both truck drivers in the employ of Clearfield Cheese Company. They were riding in a Clearfield Cheese Company truck in Alabama on December 31, 1976, when the truck left the highway and Zink was killed. At the time of the accident Allis was driving the truck and Zink was riding therein.

Zink’s wife and children, the plaintiffs here, brought an action against Allis for damages for Zink’s wrongful death and recovered judgment for $500,000. This action is an equitable garnishment brought under § 379.200,…