Parker v. Hardy

Plaintiff’s truck and defendant’s automobile collided on an overpass, and both vehicles were damaged. Plaintiff brought this action to recover his damages amounting to $1,748.38. Defendant denied liability, and counterclaimed for his own damages. Defendant’s answer also states a plea in bar, based upon the allegation that plaintiff carried indemnity insurance which has been paid by the insurer, with the right of subrogation; that the insurer is the real party in interest and is therefore a necessary party to this action. Motion to strike the plea in bar was granted, and defendant appealed.

The…