[DOWNLOAD] "We the People Paralegal Services, L.L.C. v. Watley" by Louisiana Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: We the People Paralegal Services, L.L.C. v. Watley
• Author : Louisiana Court Of Appeals
• Release Date : January 25, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

DONAHUE, J. The plaintiffs intestate was killed on May 19, 1929, in a collision between an automobile owned and operated by the defendant Sorell and a truck operated by the defendant Sorell and a truck operated by an employee of the Mexican Petroleum Corporation. In separate suits brought under G. L. c. 229, § 5, as amended by St. 1925, c. 346, § 9, by the plaintiff as administratrix against the defendant Sorell and the Mexican Petroleum Corporation for negligently causing the death of her intestate, she recovered verdicts of the same amount. Both cases went to judgment. The Mexican Petroleum Corporation paid the full amount of the execution which issued on the judgment against it, namely, $4,026.57 damages and $27.65 costs, and the execution was indorsed as satisfied in full. No part of the judgment for $4,026.57 damages and $23.25 costs which was entered in the suit against the defendant Sorell has been paid. The defendant Sorell at the time of the death of the plaintiffs intestate held a policy of motor vehicle liability insurance issued by the defendant insurance company under the provisions of St. 1925, c. 346, insuring him against loss or damage by reason of liability on his part to pay damages on account of bodily injuries or death from an accident caused by his automobile through his negligence. The plaintiff as administratrix has brought a bill in equity to reach and apply the obligation of the defendant insurance company under the policy issued to the defendant Sorell in satisfaction of the judgment recovered against him by the plaintiff administratrix for the death of her intestate. G. L. c. 214, § 3, cl. 10, as amended by St. 1923, c. 149, § 3. The trial was on a case stated and the case comes before us on the appeal of the defendant insurance company from a final decree ordering it to pay the plaintiff the sum of $4,210.19 in satisfaction of the judgment against the defendant Sorell and costs in this suit amounting to $20.60. The appeal presents for Discussion and decision the question whether the satisfaction by one concurrent tortfeasor of a judgment against him in an action for negligently causing death bars the collection of a judgment recovered against another concurrent tortfeasor in an action for negligently causing the same death where the sum of the two judgments is less than $10,000. What is herein said is confined to that precise question. Vigeant v. Postal Telegraph Cable Co., 260 Mass. 335, 343, 157 N.E. 651, 53 A. L. R. 867.

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