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Colony Ins. Co. v. C & M Constr. Co.

United States District Court, S.D. Alabama, Southern Division

March 17, 2014

COLONY INSURANCE COMPANY, Plaintiff,
v.
C& M CONSTRUCTION COMPANY, LLC, d/b/a ABSOLUTE STORAGE & TRUCK EQUIPMENT, et al., Defendants

As Amended March 19, 2014.

For Colony Insurance Company, Plaintiff: Stephen E. Whitehead, LEAD ATTORNEY, Lloyd, Gray & Whitehead, P.C., Birmingham, AL; Graham R. Pulvere, Lloyd, Gray, Whitehead & Monroe, P.C., Birmingham, AL.

For C& M Construction Company, LLC, d/b/a Absolute Storage & Truck Equipment, Alexander S Dees, Kerry Dees, Defendants: Christopher Howell Murray, LEAD ATTORNEY, Daniel Coker Horton & Bell PA, Gulfport, MS.

For Craft Auto Sales, LLC, Defendant: Donald W. Medley, PRO HAC VICE, Hattiesburg, MS.

Patrick David Pierce, Defendant, Pro se, Saraland, AL.

For Robbie Hereford Turner, as Personal Representatie of The Estate of Kenric Isiah Turner, deceased, Defendant: Julia A. Beasley, LEAD ATTORNEY, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, AL.

Page 1357

AMENDED ORDER GRANTING SUMMARY JUDGMENT

Callie V. S. Granade, UNITED STATES DISTRICT JUDGE.

This matter is before the court on the plaintiff Colony Insurance Company's (" Colony" ) motion for summary judgment (Doc. 45), the responses of the defendants [1], (Docs. 59, 60, 62), and Colony's reply (Doc. 68). For the reasons stated below, Colony's motion for summary judgment is granted.

FACTUAL BACKGROUND

This case arises out of a wrongful death action filed in Baldwin County, Alabama (the " Turner Action" ). (Doc. 45 Ex. B, C, D). The complaint in the Turner Action alleges that on June 13, 2012, Patrick Pierce and Alexander Dees, two 18-year-olds hired by Absolute Storage and defendant Kerry Dees to transport vehicles from Pensacola, Florida, to Craft's car dealership in Hattiesburg, Mississippi, caused a car accident that resulted in the

Page 1358

death of Kenric Isiah Turner, a member of a work-release crew cleaning up trash alongside the roadway. Id.

On April 19, 2013, Colony commenced this action seeking a determination of its rights and obligations under Garage Policy No. GP8060360 issued by Colony to Absolute Storage for the period of September 28, ...


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