Lindsey v. Samoluk

Marshall, Judge.

The question presented by this appeal is whether the subrogation agreement signed by appellee, Samoluk, divested him of all interest in the property loss suffered in a collision with appellant Lindsey’s car or if he retained an interest in such claim to the extent his claim was in excess of the amount paid to him by his insurer.

The record indicates that on June 12,1973, Samoluk, the owner and driver of a Porsche automobile was involved in a collision with a Toyota automobile owned and operated by Lindsey in the city limits of Atlanta, Georgia. As a result of the accident,…