Green v. Daimler Benz, AG
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.