Roberts v. Hughes

FAULKNER, Justice.

This case involves the application of ARCP 17(a) to a subrogation case. Roberts sued Hughes and Super Valu Stores for injuries he received in a traffic collision. Excalibur Insurance Company filed a motion to intervene and a complaint to assert its subrogation rights arising out of its payments of collision and workmen’s compensation benefits to Roberts. The motion was granted and Excalibur was added as a party plaintiff. Prior to the trial, Excalibur and Roberts entered into an agreement whereby Roberts agreed to pay Excalibur $23,888.87 out of, and only out of, any…