Lanier v. State Farm Mutual Insurance

Phipps, Judge.

Cody Lanier, by his next friend and natural guardian Catherine Marie Lanier, his mother, filed a suit for injuries suffered in a motor vehicle collision and served State Farm Mutual Insurance Company (State Farm) as the uninsured motorist carrier. This appeal is from the grant of partial summary judgment to State Farm. For the reasons set forth below, we reverse.

On April 6, 1997, Cody, then age five, was injured in a collision while a passenger in an automobile driven by his maternal grandfather, Freddy Kent. The insurer of the other driver subsequently became insolvent.…