Mrs. Grace Norton v. The Greyhound Corporation

Fifth Circuit

Mrs. Grace Norton v. The Greyhound Corporation

352 F.2d 368

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 29, 1965

Docket22004

StatusPublished

This text of 352 F.2d 368 (Mrs. Grace Norton v. The Greyhound Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mrs. Grace Norton v. The Greyhound Corporation, 352 F.2d 368 (5th Cir. 1965).

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Opinion

PER CURIAM.

This appeal deals with the efforts of an insured to avoid the bar imposed upon her personal injury action by reason of a settlement consummated by the insurer without her knowledge or consent on a date prior to an enactment of the Georgia General Assembly (Laws of 1963, Page 643) which would have left her free to sue.

In short, the Appellant seeks to have the 1963 Act given retrospective effect. The Courts of Georgia have settled the question adversely to this contention. Aetna Casualty & Surety Co. v. Brooks, 218 Ga. 593, 129 S.E.2d 798 (1963); National Dairy Products Corporation v. Southeastern Adjusters, Inc., 109 Ga.App. 838, 137 S.E.2d 554 (1964); Ericson v. Hill, 109 Ga.App. 759, 137 S.E.2d 374 (1964).

The judgment of the District Court granting summary judgment for the defendant is affirmed.

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PER CURIAM.

This appeal deals with the efforts of an insured to avoid the bar imposed upon her personal injury action by reason of a settlement consummated by the insurer without her knowledge or consent on a date prior to an enactment of the Georgia General Assembly (Laws of 1963, Page 643) which would have left her free to sue.

In short, the Appellant seeks to have the 1963 Act given retrospective effect. The Courts of Georgia have settled the question adversely to this contention. Aetna Casualty & Surety Co. v. Brooks, 218 Ga. 593, 129 S.E.2d 798 (1963); National Dairy Products Corporation v. Southeastern Adjusters, Inc., 109 Ga.App. 838, 137 S.E.2d 554 (1964); Ericson v. Hill, 109 Ga.App. 759, 137 S.E.2d 374 (1964).

The judgment of the District Court granting summary judgment for the defendant is affirmed.

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352 F.2d 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-grace-norton-v-the-greyhound-corporation-ca5-1965.

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