Owens v. Government Employees Insurance Co.

DOWD, Judge.

Plaintiff-appellant Owens brought a contract action against defendant-respondent Government Employees Insurance Company (“GEICO”) seeking to recover under the uninsured motorists provisions of his insur- anee contract. On appeal, plaintiff argues that the trial court erred in dismissing his petition on the basis of the res judicata effect of a prior court order quashing a garnishment plaintiff filed against GEICO as garnishee. We reverse.

Plaintiff sustained injuries when an automobile driven by Linda Stewart struck his motorcycle. At the time of the accident plaintiff was insured…