National Emblem Insurance Co. v. Gillingham

OWEN, Judge.

An automobile liability insurance carrier, joined as a party defendant in this negligence action against its insured, appeals an adverse final judgment entered on a jury verdict.

The issues were complex, due primarily to the improper joinder of parties’ plaintiff. While the jury did an admirable job of resolving factual disputes, we believe that the ends of justice will best be served by vacating the judgment and verdict and remanding this cause for a new trial on certain issues.

Mr. Gillingham was operating his employer’s pickup truck in the course of his employment when he was…