Upon the denial of said motion and upon submission of the case to the jury, a verdict was returned in favor of the plaintiff in the amount of $6,000.00.
HUMBLE PIE BOUTIQUE TRIAL
Upon the trial of this matter, at the conclusion of the plaintiff's evidence and after all of the evidence was introduced, the defendants made a motion for a directed verdict. The trial court upon hearing arguments denied the defendants' motion for summary judgment, stating as the reason therefor that "the repeated requests by the Motorists Insurance Company to diary the file ahead and the compliance therewith by Humble Oil & Refining Company is sufficient to constitute an estoppel by the defendants from pleading the statute of limitations." He further said he acted in complete reliance on said correspondence. Stanley said that in all of the correspondence the insurance company did not indicate that it intended to contest the claim and that it was his understanding and belief from said correspondence that the insurance company would pay the claim after the disposition of the personal injury claim.
Stanley, Credit Supervisor for Humble, it was alleged that Humble, relying on statements contained in correspondence from the insurance company that its claim would be settled after the personal injury claim was disposed of, did not authorize suit to be instituted or did not take any action to collect its claim. The defendants thereby contended that there was no genuine issue *382 as to any material fact and that inasmuch as the statute of limitations had run the claim was barred.Ī counter affidavit was filed on behalf of Humble Oil & Refining Company, the plaintiff, which, in essence, embodies the plaintiff's position on this appeal. Wharton, an attorney for their insurer, which purported to place before the court all of the correspondence between the insurance company and the plaintiff, relative to the accident. Attached to this motion was the affidavit of Garry L. Subsequently, the defendants filed a motion for summary judgment. The defendants answered, denying negligence and contending that the plaintiff could not recover for the reason that its claim was barred by the statute of limitations.
HUMBLE PIE BOUTIQUE SERIES
It is further alleged by the plaintiff that the defendants referred this claim to Motorists Mutual Insurance Company, their insurer, and that the insurance company "through a series of letters and representations, induced plaintiff to believe that the claim would be settled, and plaintiff relying upon said representations did not institute suit within the two year period after the date of the accident." In its complaint the plaintiff alleged that Lane, while acting in the regular course of business as an owner and agent of the defendants, Walter Lane and Oran Baker d/b/a Hilltop Auto and Wrecking Company, drove his truck into the plaintiff's vehicle causing damage to said vehicle in the sum of $6,750.19. By reason thereof, he said, and because the road was damp and had a thin layer of mud on it, he skidded into the plaintiff's lane of travel and collided with the plaintiff's vehicle. He then alleged that the Mercury, without any signal, rapidly reduced its speed and that he was forced to apply his brakes. He stated that the Mercury began to slow down and he applied his brakes to a point where he was travelling about thirty-five miles an hour. Taylor further said that he turned to his right in an attempt to avoid the collision but was unable to do so.ĭefendant Lane testified that as he was travelling south on Route 21 he noticed a 1957 Mercury sedan travelling in the same direction approximately two hundred feet in front of him. Taylor testified that as the defendants' vehicle approached it appeared that it was attempting to pass the car in front of it and that it came over into the northbound lane and collided with the plaintiff's tractor-trailer. The plaintiff's vehicle, driven by Glenville Taylor, was travelling in a northerly direction and the defendants' truck, operated by defendant Walter Lane, was travelling south on said Route 21. Route 21 in Jackson County, West Virginia on April 29, 1964, at approximately 6:45 A.M. The action resulted from a collision between the plaintiff's tractor-trailer and the defendants' two-ton flat-bed truck.Īccording to the testimony appearing in the record, the collision occurred on U.S.
This is an appeal from a judgment entered in a civil action instituted on September 12, 1966, in the Circuit Court of Jackson County. Supreme Court of Appeals of West Virginia. Walter LANE and Oran Baker d/b/a Hilltop Auto and Wrecking Company, and Walter Lane, Individually.
HUMBLE OIL & REFINING COMPANY, a Delaware Corp.
0 kommentar(er)
