Malone v. SCM Corp.

Plaintiff appeals as of right from the dismissal of a wrongful death action which she brought on behalf of her husband’s estate. The decedent met his death when a truck driven by Gregorio Alonzo, a contract driver for the defendant, went out of control and collided with decedent’s automobile head on. A two-count complaint was filed charging that the defendant was negligent under the doctrine of respondeat superior and that decedent was the beneficiary of a contract between Alonzo and the defendant to procure a minimum of $50,000 worth of liability insurance.

Plaintiff contends that summary…