Legal Opinion
Robert Yale, Ancillary Administrator of the Estate of Joseph Dudley Schofield, Deceased v. National Indemnity Company
Court of Appeals for the Fourth Circuit
Decided November 17, 1981No. 81-1018PublishedCited by 5 opinions
1Opinion of the Court
RAMSEY, District Judge.
On June 21, 1973, Joseph Dudley Schofield was fatally shot while he slept on the premises of a carnival run by Big H Shows, Inc. Schofield was shot by Van Helman, the sole shareholder of Big H Shows, and by Todd Allen, Helman’s employee. The record is clear that it was the intention of those who attacked Schofield to actually kill another and that the death of Schofield was a mistake. Schofield was 16 years old at the time of his death.
Robert R. Yale, ancillary administrator of Schofield’s estate and appellant herein, brought a wrongful death action in state court in…
2Cases cited10 opinions
- Muncie v. Travelers Insurance CompanySupreme Court of North Carolina · 1960
- Henderson v. Rochester American Insurance Co.Supreme Court of North Carolina · 1961
- Robert Yale, Ancillary Administrator of the Estate of Joseph Dudley Schofield, Deceased v. National Indemnity CompanyCourt of Appeals for the Fourth Circuit · 1979
- Fortress Re, Inc. v. Jefferson Ins. Co. of NYDistrict Court, E.D. North Carolina · 1978
- Fortress Re, Inc. v. Jefferson Insurance Company of New YorkCourt of Appeals for the Fourth Circuit · 1980
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3Cited by5 opinions
- St. Paul Fire & Marine Ins. Co. v. Vigilant Ins. Co.District Court, M.D. North Carolina · 1989
- Cleveland Construction, Inc. v. Fireman's Fund InsuranceDistrict Court, W.D. North Carolina · 2011
- Donnell v. Industrial Fire & Casualty Insurance Co.District Court of Appeal of Florida · 1983
- Campbell Oil Co. v. Amerigas Propane, LpNorth Carolina Business Court · 2016
- MARTIN v. NAUTILUS INSURANCE COMPANYDistrict Court, M.D. North Carolina · 2024