 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Weavel v. U.S. Fidelity & Guar. Co.12/29/1992
Rehearing Denied February 23, 1993.
Certiorari Denied May 4, 1993.
MONTE WEAVEL, AN INDIVIDUAL AND NATURAL FATHER OF SHANNON EILEEN WEAVEL, A MINOR DECEASED, AND NATURAL FATHER OF KELLI LAUREN WEAVEL, A MINOR, APPELLANT,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, A FOREIGN INSURANCE COMPANY, APPELLEE, AND JIM COLBERT GOLF , INC., A NEVADA CORPORATION d/b/a MEADOWBROOK COUNTRY CLUB; AND JOE ALLEN PATTERSON, AN INDIVIDUAL, DEFENDANTS.
Appeal from the District Court of Tulsa County; David L. Petersen, Judge.
Glenn R. Beustring, E. Diane Hinkle, and, Margaret J. Lowery, Tulsa, for appellant.
Joseph R. Farris, Jody R. Nathan, and Robert S. Durbin, Tulsa, for appellee.
AFFIRMED
OPINION
The opinion of the court was delivered by: HANSEN, Vice Chief Judge.
Appellant Monte Weavel, who brought this wrongful death and personal injury action individually and as a natural father of minor children, seeks review of the trial court's order denying his Motion to Reconsider and/or Motion for New Trial. The underlying trial court order granted Appellee's Motion to Dismiss Appellant's Petition. We affirm.
In support of its Motion to Dismiss in the trial court, Appellee asserted there had already been an action filed involving the claims and parties to this action, and further argued that the trial court could not exercise jurisdiction because the person legally entitled to pursue the claims alleged here, had filed the other action.
This matter arose out of an automobile accident on October 5, 1990, in which one of Appellant's minor children, Shannon Eileen, was killed and his other child, Kelli Lauren, was injured. The children were at the time riding with their maternal grandmother, who was also killed. Neither Appellant nor the childrens' mother, Susan Weavel, were involved in the accident.
Defendant Patterson was the driver of the other automobile in the accident. It is alleged defendant Country Club had served intoxicating liquors to Patterson while he was intoxicated, resulting in the injury and death. The cause of action against Appellee insurance company is grounded in the underinsured coverage of the automobile in which the children were riding.
Appellant and Susan Weavel were in the process of being divorced at the time of the accident. The petition in divorce was filed in May 1990, and the divorce was finalized on October 26, 1990. Susan Weavel had been granted temporary custody of the children pending final decree.
On October 10, 1990, Susan Weavel petitioned to be appointed personal representative of her daughter's estate. On October 24, 1990, she filed a civil action which, as amended, substantially alleged the same claims against the same defendants as are found in the present case.
Susan Weaver's Petition in the civil action was filed in her individual capacity, and as natural mother and next of kin of the children. Appellant was not expressly made a party to Susan's civil action, either as an individual or a member of an interested class, and his damages were not alleged.
Appellant filed his Petition in the present action in May 1991. Appellee filed its Motion to Dismiss as discussed above. The trial court ordered Appellant's "action be dismissed upon defendant's motion and supporting brief pursuant to title 12, O.S. ยง 1053 . .". Appellant moved for reconsideration or a new trial. This appeal is from the trial court's denial of Appellant's moti
Page 1 2 3 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|