Record No. 7967

In the

Supreme Court of Virginia ·

at Richmond

Cedric S.koval Willard ·

v.

The Aetna Casualty and Surety Company

FROM THE CIRCUIT COURT OF HENRY COUNTY

INDEX TO RECORD

Page

Writ of Error Awarded ···················-··········-························ .. ··· 1

Record ....................... · ................ -................................................... 2

Motion For Judgment ...................................................................... 2

Demurrer ... ................................................................................... 3 --- .. .

Motion To Require Plaintiff to Reduce Ad Damnum........ 4

Motion To Require Defendant To State Specific

Grounds of Demurrer .......................................................... 5

Order .................................................... ~ ...................................... -... 5

Notice of Appeal and Assignment of Error ......................... 6

Insurance Certificate .................... ~ ........... ~ ...... ~............................ 7

IN THE

Supreme .. Court of Virginia AT IDCHMOND

Record No. 79.67

VIRGINIA: In the Supreme Court of Virginia held at the Supreme

Court Building in the City of Richmond on Monday, the ·13th day· of March, 1972.

Cedric ·Skoval Willard;- · Plaintiff in error,

. ~ga:in~t Record No. 7967 The Aetna Casualty and · · Surety· ·Company, · · · · · · · · · · · · · · ·· Defendant in error.

From the Circuit Court of Henry County

Upon the petition of Cedric Skoval Willard a writ of error is awarded him to a judgment rendered by the C~lrc.uit Court of Henry County on the 21st day of Sep­tember, 1971, in a certain motion for judgment then therein depending, wherein the said petitioner was plaintiff and The Aetna Casualty and Surety Company was defendant; upon the petitioner, or some one for him, entering into bond with sufficient security before the clerk of said court belOW" in the penalty of $300, with condition as the law directs. A Copy-Teste:

H. G. Turner, Clerk

RECORD· * * * * *

Page 1] * * * * *

MOTION FOR JUDGMENT

TO THE HONORABLE JOHN D. HOOKER,

JUDGE OF SAID COURT:

The undersigned, Cedric Skovall Willard, doth move the Court for judgment against the defendant, Aetna Cas­ualty and Surety Company, for the sum of Seventy-five Thousand Dollars (75,000.00) for personal injuria~, wrongs and damages occasioned to the plaintiff by reason of the negligence of an unidentified motorist in the operation of a motor vehicle, the particulars of which are as follows:

1. That plaintiff, Cedric Skoval Willard, avers that he was driving his 1962 Buick automobile in a Southerly direction on four-lane U.S.-Virginia Highway #220, near Drewry-Mason High School on December 19, 1969 at ap­proximately 4:20 p.m., in Henry County, Virginia.

2. That at the time and place aforesaid, an uniden­tified motorist was operating a Ford pick-up truck in the same direction as the plaintiff and did negligently, reckless­ly and carelessly operate said Ford pick-up truck into the aforesaid Buick automobile operated by the plaintiff, caus­ing the said Buick automobile to go out of control, leave the traveled portion. of the highway, and causing severe ·and permanent injuries to the plaintiff.

3. As a direct and proximate result of the negligence of the aforesaid unidentified motorist operating said pick-up truck, the plaintiff was severely and permanently injured about his hip, face, head, body and extremities; has never been able to return to gainful emploYJ11ent; has and con­tinues to suffer great pain and anxiety, both physical and mental; was caused to expend large sums of money for medicines, doctors and surgeons in an effort to recover of the ills caused by said. unidentified motorist and was other­wise permanently injured and damaged.

2

4. The plaintiff was' operating a vehicle insured by The Aetna Casualty artd Surety Company, and was cov­ered by the "Family Protection" Uninsured Motorist; provi-;­sion in said policy-which was issued to Cedric Skoval Wil­lard, said policy beirut.numbered 25FA295820. This policy being a North Carolina policy, service is asked to be made on Aetna Casualty :-and..Stiie±y Cc:impany:,. thtaugh:_ its::cVit~ : ginia statutory.-age¥tt-, JRichard::L ... Williams, c/o McGuire, Woods and Battle;· Attorneys, 1400'Ross Building, Richmond, Virginia, a copy: of the~ certificate ~of -insurance ·issued to said plaintiff-with poiicy:provisiorr js ~-~hereby·· .attached ~to- the originaLof .this Motion: for:Judgment·

WHEREFORE;Jhe·plaintiff:doth move the· Court for­judgment as aforesaid. -:

CEDRIC SKOV AL WILLARD By-W. F .. Stone __

Counsel~--

Filed in the Clerk's Office the 8th day qf February,_-1971.

Teste: John H;_ -Matthews, Clerk

* * . * * * Page 5]

* * * * * DEMURRER/"~··

Comes now The Aetna1.CaSualty. _and .Surety Coin-. pany, by_ counsel, and files this, its Demurrer, to the plain­tiff's Motion for Jtidg!nent ih; this ·action.· In -support of said Demurrer, the aforesaid defendant states:-

That the allega_tions· in the: ·Motion for Judgment are inadequate at law to'permit·a recovery·c;:rgain~t this defend­ant and the Motion for.-Judginent;· therefore, fails .to state a cause of action upqn ·which: relief can be granted against this defendant.: -. -

ACCORDINGLY,~lhis defendant moves-the Court to dismiss the plaintiff's Motion _for_ Judgmen,.

3

Page· 6]

Respectfully submitted, THE AE'l:NA CASUALTY ANn-·· SURETY-CO.WPANY:··~:·

B~ J; R.T(xmterbticy. ·­

Of_CJ;ouns~L- ·:

* ., * * * *

* - * * * *

MOTION-:T0·1mQUIRE,JPLAINTIFF TO REDUCE·lUJ:'DAMNUM

Comes now Tlie .. ·Ae1nd: Casualty and Surety Com-pany, by counselrand files:thia,-itscMotion· for the Plaintiff to be Required to Reduce the Ad .Damnum set -forth in his Motion for Judgment from $75,000.00 to $15,000.00 and in suppqrt thereof states .as: follows:·

The maximum coverage for.- bodily injury to one in­sured under the "family protection" uninsured motorist provision in the plaintiff's policy issued by your defendant, and referred to in paragraph 4 of the plaintiff's Motion for Judgment, is $15,000.00. - ·

THEREFORE;~ it is .requested. that the- .plaintiff ·be re­quired to reduce· his ad damnum--from$7S,OOO.OO to-$15,00.00.

Resp~ctfully _submitted, ·

THE_A.EtNA,CASUA.LTY AND SUB.ETY COMPANY ·

ByJ; R .. Canterbury

Of. CqJ.ln~el ~, Virginla Circuit Court Henry County Rec'd .. iond·,Filed this . the 3rd day of. March,-: 1971. :

Teste: Merrit. C. Stultz, Jr., Deputy Clerk

4

* * * * * Page 7]

* * * * * MOTION TO REQUIRE DEFENDANT TO STATE

SPECJFIC GROUNDS OF DEMURRER· Now comes plaintiff, by counsel, and, pursuant to

the provisions of Section 8-99 of the 1950 Code of Virginia, as amended, moves the Court for an order requiring defend­ant to state specifically the grounds of its demurrer hereto­fore filed to plaintiff's motion for judgment.

CEDRIC SKOV AL WILLARD By David Worthy

Counsel . )

Vdrginia Circuit Court Henry County Rec'd. & Filed this the 4th day of March, 1971. Teste:

Merit C. Stultz, Jr., Deputy Clerk

* * * * Page 8]

* * * * * ORDER

This day came the parties hereto by counsel; and the Court having considered ·the Motion for Judgment filed herein and the Demurrer of the defendant, The Aetna Cas­ualty and Surety Company, and was argued by counsel.

WHEREIN, the Court being of the opinion that the plaintif has not stated a cause of action cognizable under applicable law in this Court, and that the Demurrer should be sustained, and this action dismissed it is, accordingly so ORDERED and ADJUDGED to which action of the Court the Plaintiff objected.

Enter: This 21st day of September, 1971.

JOHN D. HOOKER Judge

5

We request entry of this Order: Kime, Jolly, Clemens & Canterbury

By J.R.CAN!ERBURY Counsel for Defendant

Stone, Joyce & Worthy

Seen, Objected and Excepted to: By DAVID WORTHY

Counsel fo Plaintiff * *

Page 9] * *

*

*

* *

* * NOTICE OF APPEAL AND ASSIGNMENT OF ERROR

Now comes plaintiff, by counsel, and hereby gives Jncltice, pursuant to the provisions of Section 4, Rule_ 5:1, of The Rules of the Supreme Court of Virginia, of his appeal from that certain final judgment order entered in the above action on September 21, 1971, and sets forth the following assignment of error:

1. The Trial Court erred in sustaining defendant's demurrer and dismissing this action.

CEDRIC SKOV AL WiiJ.ARD

By W. F. Stone Counsel

Virginia Circuit Court Henry County Rec'd.· & Filed this the 19th day of October, 1971. Teste:

John ,H. Matthews, Clerk

6

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PERSONAL SIRVICI

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Eden, N. C. 27288

omergeacy 1o.'T¥fce.

FAMILY AUTOMOBILE POLICY RENEWAL CERnFICATE THE .ICTNA CASUALTY AND SURETY COMPANY