Porter Ex Rel. Aylward v. Gottschall

HIGGINS, Judge.

The guardian of Ralph Porter brought an action in Count I against the administrator of the estate of Peter Rende for personal injuries received in an automobile accident and in Count II against Aetna Casualty and Surety Company and Harry Gallagher, its agent, for fraud in procuring a settlement of Porter’s claim. The counts were severed for separate trials. The jury returned a verdict on Count I in favor of Rende’s administrator; the court dismissed Count II against Aetna and its agent on the ground they could be liable to plaintiff only upon a finding in favor of plaintiff on…