Where a man, who was injured in an accident with an intoxicated driver, filed an equitable garnishment action against the driver’s employer and its insurer to collect on an unsatisfied judgment entered against the driver, the judgment for the respondents is vacated and remanded because the driver had “broad, almost unfettered” permission to use the company vehicle, so he was a permissive user under the omnibus clause of the employer’s policy even though he violated the company rules by driving drunk.
Vacated and remanded.
Griffitts v. Old Republic Insurance Company (MLW No. 71809/Case No. SC96740 – 11 pages) (Supreme Court of Missouri, Wilson, J.; all concur) Appealed from circuit court, Greene County, Brown, J. (Daniel P. Molloy and James E. Corbett, Springfield, for appellants) (Laurel E. Stevenson and Jeffrey W. Laney, Springfield, for respondents).