Hudnall v. Kelly

ORDER

JAMES C. HILL, District Judge.

This diversity action is before the Court on a motion by Shelby Mutual Insurance Company (Shelby) to dismiss plaintiff’s complaint pursuant to Rule 12(b)(1), or in the alternative Rule 12 (b) (6) of the Federal Rules of Civil Procedure.

A short recitation of the facts as they appear on the record will be helpful. Plaintiff alleges that, on October 6, 1969, he was injured as the result of the negligence of defendant James Kelly, Jr. in the operation of a vehicle owned by Charles William Smith. The allegation reads that while operating a motor vehicle in the…