Stroman v. Fidelity & Casualty of New York

GAMMAGE, Justice.

Larry McNamee and William Keith Stro-man appeal from a partial summary judgment rendered in favor of Fidelity and Casualty of New York (FCNY). FCNY, as cross-appellant, appeals from the final judgment awarding McNamee $105,509.96 in damages. We will reverse the judgment of the trial court and remand the cause for proceedings consistent with this opinion.

This suit arose out of an automobile accident in which Stroman struck McNamee, a pedestrian, while driving a 1983 Audi. McNamee filed suit against Stroman for damages (McNamee v. Stroman). Because FCNY believed its $100,000…