Hale v. American Family Mutual Insurance Co.

FENNER, Chief Judge.

Appellant, American Family Mutual Insurance Company, appeals the judgment of the trial court, after trial by jury, in favor of respondent, James W. Hale. While driving home from work one day at approximately 2:10 p.m., James Hale was struck in the head by a rock that came through the windshield of his vehicle. Hale filed suit against American Family under the uninsured motorist provisions of his policies with American Family alleging that the accident was caused by an unknown vehicle as defined in his policies. Hale submitted his case under the doctrine of res ipsa…