DeLassio v. Garcia

This litigation began as a negligence action to recover damages for personal injuries arising out of a collision between a vehicle operated by plaintiff and a vehicle operated by defendant Leopoldo Garcia (Leopoldo) and owned by his brother, defendant Antonio Garcia (Antonio). A default judgment was entered against Leopoldo; it is not appealed. A judgment based on stipulated facts was entered in favor of Antonio; it also is not appealed. After the court’s rulings in favor of Antonio, but before the judgment was entered, Antonio’s insurer, Progressive Casualty Co. (Progressive), intervened and…