Aetna Casualty & Surety Co. v. Smith

DIXON, Judge.

This is a companion case to Haire v. Allstate Insurance Company et al., No. 11,223, 224 So.2d 531 this day decided. The cases were consolidated for the purpose of trial.

Plaintiff is the collision insurer of Thomas Edward Haire, and sues to enforce its subrogation agreement against the defendants, Gayle Smith and Allstate Insurance Company. There was judgment in the district court for the defendants, rejecting the demands of the plaintiff.

We have this day found that the accident for which this plaintiff claims damages was caused by the negligence of Gayle Smith, and that…