Poret v. Spencer

HEARD, Judge.

Emmanuel Poret, Jr. brought this action individually and on behalf of his minor child, Barry, for personal injuries received by the boy when he was struck by a car as he was crossing a road. Defendants are Florence W. Spencer, driver of the car, H. Frank Spencer, her husband, and The Employers’ Liability Assurance Corporation, Ltd., Poret’s insurer, being sued under its uninsured motorist coverage. The Employers’ answered claiming plaintiffs were not entitled to recover under the policy as the boy’s negligence was the sole cause of the accident, or that he was contributorily…