United States District Court for the Eastern District of Pennsylvania
157 F.R.D. 340 (1994)
Infants Children & Youth Ltd (IC&Y) owned a Mercedes that was driven by IC&Y’s president, Gerald Green (plaintiff). Green personally insured the Mercedes through a policy with Metropolitan Insurance Co. (Metropolitan). In December 1990, the Mercedes caught fire, resulting in property damage. Metropolitan paid Green $62,556.60 in insurance proceeds, after applying Green’s $1,000 deductible. At that point, Metropolitan acquired a subrogation interest in the vehicle. Title was transferred to Metropolitan from IC&Y. In 1992, just before the applicable limitations period expired, Metropolitan filed a lawsuit in Green’s name in a Pennsylvania state court against the Mercedes’s manufacturer, Daimler Benz, AG (defendant), as well as the vehicle’s wholesaler and retailer (defendants), alleging that the fire and resulting damage were caused by a defect arising from the defendants’ negligence and recklessness. The defendants removed the case to federal court and moved for summary judgment on the ground that Metropolitan, not Green, was the real party in interest. Green responded to the defendants’ motion by requesting that Metropolitan be substituted as the plaintiff.
Rule of Law
Holding and Reasoning (Dalzell, J.)
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