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Charles Garrison v. James Stamps
State: Tennessee
Court: Court of Appeals
Docket No: M2001-02900-COA-R3-CV
Case Date: 10/10/1998
Plaintiff: Charles Garrison
Defendant: James Stamps
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
October 7, 2002 Session

CHARLES GARRISON, ET AL. v. JAMES C. STAMPS
Appeal from the Probate Court for Wilson County
No. None Robert P. Hamilton, Judge

No. M2001-02900-COA-R3-CV - Filed February 6, 2003
Charles Garrison and James C. Stamps were involved in an automobile accident on October 10, 1998 wherein Garrison was seriously injured.  Stamps was uninsured, and Garrison was beneficiary of uninsured motorists coverage under policies of insurance issued to his parents.  With no suit ever filed against Stamps, Garrison and his parents reached an agreement with the uninsured motorists carriers whereby the carriers paid the limits of their uninsured motorists coverage.  Charles Garrison being a minor, a Petition for court approval of the settlement was filed naming Stamps as the defendant, and an Order was entered approving the settlement.  Garrison then filed suit against Stamps, which suit was met with a Summary Judgment Motion by Stamps claiming that he was released from liability by the settlement Order.  Garrison filed a Tennessee Rule of Civil Procedure
60.02 Motion seeking to have the settlement Order revised to reflect the true facts of the settlement. This Motion was granted, and Stamps appeals.  We hold that Stamps is without standing to assert any rights under the settlement Order and, on this basis, affirm the judgment.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Probate Court Affirmed.
WILLIAM B. CAIN, J., delivered the opinion of the court, in which BEN H. CANT RELL, P.J., M.S., and FRANK G. CLEMENT, JR., SP. J., joined.
Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant, James C. Stamps.
Frank Lannom, Lebanon, Tennessee, for the appellees, Charles Garrison by Next Friend and Mother, Glenda Garrison, and Glenda Carol Garrison, Individually.

OPINION
On October 10, 1998, Charles Garrison, then a minor age sixteen years, while driving a motor vehicle, was struck and seriously injured by an automobile driven by James C. Stamps, an uninsured motorist.
Charles Garrison was an additional insured under policies of insurance separately issued to his parents, Glenda Carol Garrison and Wendell Garrison, by State Farm Insurance Company and Guidance Specialty Mutual Insurance Company respectively.  Uninsured motorists coverage under each policy was $25,000, and the companies agreed to pay their respective policy limits.
Glenda Carol Garrison, as mother and next friend of the minor Charles Garrison, sought court approval of this settlement by a Petition filed April 8, 1999 naming James C. Stamps as
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