State Farm Mutual Automobile Insurance Co. v. Factory Mutual Insurance Co‪.‬

This case arose from a two-car accident which occurred in March, 1968, in Phoenix. Appellant, State Farm, insured one driver, Mr. C. N. Patrick. The appellee, Factory Mutual, insured the other driver, Mr. J. Fitzpatrick. Virginia Gaulocher, a passenger in the Fitzpatrick car, who was severely injured in the accident, filed a suit in negligence against both drivers. The jury returned a verdict in favor of the plaintiff against both defendants for a total of $22,500. The judgment was within the policy limits of State Farm, who paid the entire judgment and costs in the amount of $22,894.20. Appellant then brought this action seeking to recover from the appellee contending that contribution should be allowed between negligent joint tort-feasors. The trial court granted a motion for summary judgment in favor of the appellee and from which the appellant appealed.