Franklin v. Southern Guaranty Insurance

Carley, Judge.

On June 20, 1979, the body of Otis Franklin, appellant’s deceased, was discovered in a truck. The truck was off the roadway and had come to rest against a utility pole. Appellant instituted the instant action to recover no-fault death benefits from appellee, the insurer of the truck. Appellant’s complaint alleged that “Otis Franklin suffered an accidental injury when the vehicle ran off the road and struck a utility pole. As a result of the aforesaid injury [appellant’s] decedent Otis Franlilin, died.” Appellee answered, denying the material allegations of the complaint and…