Earlier this month, a federal appellate court issued a written opinion stemming from a car accident involving a drunk driver, his passenger, and the company that insured both of them. In the case, Peden v. State Farm, the court reversed a lower court’s ruling that had held State Farm did not unreasonably delay payment to Ms. Peden. As a result of the court’s decision, the case was remanded back to the trial court to proceed toward trial.
Mr. Graf had just bought his fiancée a new van for her birthday. To celebrate the occasion, the couple gathered friends for a small party, where alcohol was served. The plaintiff, Peden, was one of the couple’s friends.
At some point during the evening, Peden and several others got into the van so that Mr. Graf could take a picture of the group in the new van. However, Mr. Graf then got into the driver’s seat and took the car on a joy ride. He crashed the van, seriously injuring Peden, who then filed a personal injury lawsuit against Graf.