Brown v. Liberty Mutual Insurance Company

McCALEB, Justice.

This is an action for the recovery of damages resulting from an automobile accident allegedly attributable to the negligence of Ben C. Devall, in running over the leg of plaintiff’s 18 month old child upon leaving the driveway of plaintiff’s premises. Joined as a defendant with Devall is his liability insurance carrier, Liberty Mutual Insurance Company.

The trial judge found for defendants, resolving in his written opinion that Devall was free from fault. However, on review by the Court of Appeal, First Circuit, the judgment was reversed and plaintiff awarded recovery against…