Erwin v. Rose

OPINION

BEN H. CANTRELL, Judge.

This case involves questions of the liability of a municipality and its agents under the Governmental Tort Liability Act. It also involves a question of the liability of a plaintiffs underinsured motorist carrier when the plaintiff has recovered from the tort-feasor more than the policy limits. We affirm the lower court’s order on the liability of the municipality and its agents and the order dismissing the claim against the underin-sured motorist carrier. We reverse the order awarding prejudgment interest because it raises the recovery from the municipality over…