Home Insurance v. Towe

William Wayne McClaskey was driving a backhoe on the highway when he was struck by a beer bottle thrown from a passing car driven by Brian Eugene Towe. The bottle was thrown by Towe’s passenger, Jerry Edward Alexander. Towe knew that Alexander had thrown bottles at road signs from Towe’s car on prior occasions. Alexander was throwing the bottle at a road sign, and was not deliberately throwing at Mc-Claskey. The bottle shattered on the backhoe’s steering wheel, causing minor personal property damage and serious bodily injury to McClaskey. Towe’s insurance, The Home Insurance Company (the…