Allen v. Liberty Mutual Insurance Co.

SCHOTT, Judge.

This is an appeal by defendants, Liberty Mutual Insurance Company, David C. Kelly and Avis Rent A Car System, Inc., from the judgment of the trial court rendered on a jury verdict of $30,000 in favor of plaintiff, Mrs. Jessie B. Allen. Plaintiff answered the appeal seeking an increase in the award.

The judgment against Avis must be reversed for the reason that it never became a litigant at any time in this matter. The plaintiff did not pray for judgment against it, it made no appearance and was, therefore, never subject to the jurisdiction of the trial court.

The only real…