American States Insurance Co. v. Jerry

This is a consolidated appeal involving two separate but related lawsuits -- a personal injury action and a declaratory judgment
action. The personal injury action was brought by James Devon Scarborough, a minor, and his parents, James and Beth Scarborough,
against Jerry Porterfield d/b/a Porterfield Construction Company. The declaratory judgment action was brought by American
States Insurance Company. The court in each case entered summary judgment -- in the personal injury action in favor of Porterfield
and in the declaratory judgment action in favor of American. On this appeal the Scarboroughs contend there were genuine issues
of material fact in both actions which precluded summary judgment. 1 Affirmed. On August 14, 1989, Beth Scarborough was driving her car in a westerly direction on 210 Highway near the intersection of
Searcy Creek Parkway in Clay County. Her husband, James Craig Scarborough, and minor son, James Devon Scarborough, were passengers.
At the same time, Maurice Richey, an employee of Porterfield, was eastbound in his truck on 210 Highway. Richey's truck was
pulling a trailer carrying a small tractor. As Richey was proceeding along the highway, the trailer became unhitched and crossed
the divided highway entering the opposite lane of oncoming traffic where it collided with the Scarborough vehicle. All of
the Scarboroughs were injured as a result of the collision.