Smith v. Marzolf

Plaintiff Harold Smith had been injured in a September 1974 accident at his truck stop. He subsequently filed suit against Joseph Marzolf, the driver of the auto which had injured him. Aetna Life and Casualty (hereinafter Aetna) was Harold Smith’s insurer and, subsequent to the accident, paid to him *38,931.31 in benefits under their personal injury policy. When Smith’s action, in which they were intervenors, resulted in a jury verdict in favor of plaintiffs in the amount of *130,000, Aetna asserted its subrogation rights under its policy with Smith and petitioned the court to adjudicate their…