STANLEY DENNIS WATERS ET AL. v. BENNY JOE PENDERGRASS ET AL. - Articles

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Posted by: Tanja Trezise on Sep 9, 2014

Court: TN Court of Appeals

Attorneys 1:

Joshua H. Jenne, Cleveland, Tennessee, for the appellants, Stanley Dennis Waters and wife, Carolyn Waters.

Attorneys 2:

W. Carl Spining and T. William A. Caldwell, Nashville, Tennessee, for the appellees, Tennessee Risk Management Trust and Markel Corporation.

Judge(s): SUSANO

Stanley Dennis Waters (“the plaintiff”), a detective with the Polk County Sheriff’s Department, was seriously injured when the Polk County vehicle in which he was riding as a passenger was struck in the rear by a vehicle owned by one of the two named defendants and driven by the other named defendant (collectively “the Named Defendants”). The plaintiff’s vehicle was being driven by the Sheriff of Polk County. The plaintiff and his wife sued the Named Defendants. Process and a copy of the complaint were served upon two unnamed parties, Tennessee Risk Management Trust (“TRMT”) and Markel Corporation (collectively “the Unnamed Parties”). The suit against the Named Defendants was settled for the full amount of the liability limits of their respective casualty insurance policies. The plaintiffs seek to recover uninsured motorist benefits from the Unnamed Parties. The plaintiffs and the Unnamed Parties filed motions for summary judgment. The trial court granted the motion of the Unnamed Parties and denied the plaintiffs’ motion. The plaintiffs appeal. We affirm.

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