Myers v. Carolina Casualty Co.

YARRUT, Judge.

Plaintiffs, Mr. and Mrs. Myers, and their subrogated liability insurer, brought this *474direct action against Defendant to recover for personal injuries to Mrs. Myers, property damage to their vehicle, and medical fees.

Plaintiffs charge that Defendant’s insured’s driver failed to keep a proper lookout, failed to keep proper control, left his proper lane of travel and ran into the rear of, and sideswiped, the Myers’ vehicle. Defendant first denies negligence on the part of its insured’s driver; then, alternatively, pleads contributory negligence on the part of Plaintiff (Mrs. Myers)…