Albert R. Dicks v. Frank D. Cleaver, Rodney W. Nielsen v. Frank D. Cleaver

JOHN E. BEOWN, Chief Judge:

The problem here is whether a jury, required under the classic test for estoppel to decide whether a party has been misled into action by the adversary, is entitled to know the facts bearing upon who the real party is. More specifically it is whether, in an otherwise run-of-the-mill automobile tail-gating damage suit, the plaintiffs were entitled to prove that the same insurance company was both the workmen’s compensation insurer and automobile liability insurer of the named defendant. We hold such testimony to have been here admissible and reverse.

The injuries…