Martin v. John Doe

McMurray, Presiding Judge.

The plaintiff brought this action under the uninsured motorist statute for the recovery of damages from his uninsured motorist carrier as a result of injuries arising out of an automobile collision. After discovery, both parties filed motions for summary judgment. The undisputed facts show that on June 23, 1983, the plaintiff was injured when the vehicle of Mrs. Shirley Tolbert swerved to avoid an unknown motorist and struck the plaintiff’s automobile. There was no physical contact between the vehicle of the unknown motorist and the Tolbert vehicle. The unknown…