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HARLEYSVILLE MUT. INS. CO. v. NATIONWIDE MUT. INS.

Civ. A. Nos. 84-0130-D, 84-0129-D and 85-0001-D.

605 F.Supp. 133 (1985)

HARLEYSVILLE MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, INC., Defendant. Richard Ruggles BAKER, Lavalleys Wholesale Florists, and Harleysville Mutual Insurance Company, Inc., Plaintiffs, v. Joel Ray HOLLINGSWORTH, John Doe, and Nationwide Mutual Insurance Company, Defendants. Richard Ruggles BAKER, Lavalleys Wholesale Florists, and Harleysville Mutual Insurance Company, Inc., Plaintiffs, v. Joel Ray HOLLINGSWORTH, John Doe, and Nationwide Mutual Insurance Company, Defendants.

United States District Court, W.D. Virginia.

March 19, 1985.

Attorney(s) appearing for the Case

Ralph B. Rhodes, Hutcherson, Rhodes & Furrow, Ltd., Rocky Mount, Va., for plaintiff.

William F. Stone, Jr., Stone & Worthy, Martinsville, Va., for defendant.

OPINION

TURK, Chief Judge.

On October 21, 1983, Joel Ray Hollingsworth was involved in a motor vehicle accident in Henry County with Richard Ruggles Baker. The accident was precipitated when John Doe, an unknown, and therefore uninsured motorist, pulled onto the highway in front of a truck driven by Richard Baker, causing Baker's truck to jacknife. Hollingsworth was unable to stop in time to avoid a collision.

At the time of the accident, Hollingsworth...

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