297 F. Supp. 1153 | D.S.C. | 1969
ORDER
Plaintiff seeks a determination of this court as to its responsibility under a garage liability policy issued to Summers Enterprises, Inc., and in force on September 3, 1966. It insists that a 1957 Chevrolet automobile, driven by defendant George Pollard, and in which defendant George Fomby was a passenger, was, on the date mentioned, owned by Pollard. Fomby sued Pollard in the Court of Common Pleas for Lexington County, S. C., seeking $120,000 damages for injuries allegedly caused by Pollard’s negligence, which resulted in a wrecking of the ear with both men in it. The claim of plaintiff is bottomed on the decision of the Supreme Court of South Carolina in St. Paul Fire and Marine Ins. Co. v. Boykin, S.C. (1968), 161 S.E. 2d 818. A summary of the facts is appropriate in treating the problem.
Depositions of Pollard and John Chappell Summers, Jr., President and General Manager of Summers Enterprises, Inc., reveal that, in June 1966, while Pollard was an employee of Summers Enterprises, he had no car and was spend
This court finds assurance and guidance in St. Paul Fire and Marine Insurance Company v. Boykin, supra, where the facts are remarkedly similar, the interpretation of the law clear, and the sad injustice of Clouse
This Court declares that, on September 3, 1966 plaintiff was not an insurer of Pollard, nor the 1957 Chevrolet
The Clerk will enter judgment accordingly.
And it is so ordered.
. There is a dispute as to whether Pollard or Summers actually negotiated, but this factual issue is not critical to this determination.
. Clouse v. Am. Mut. Liab. Ins. Co., 4th Cir., 344 F.2d 18.
. At no time has the court been advised of identifications, such as motor number, serial number, et cetera.