Legal Opinion
Shealy v. Campbell
Ohio Supreme Court
Decided November 13, 1985No. 85-156PublishedCited by 89 opinions
1Opinion of the CourtDouglas, J.
The threshold issue in this case is whether an insurance company, which pays the entire amount of a judgment pursuant to a policy issued to an insured tortfeasor, is the sole real party in interest in a subsequent action against a joint tortfeasor for contribution pursuant to R.C. 2307.31(C). This court holds, for the reasons that follow, that the insurance company is the sole real party in interest in such an action.
It is axiomatic that actions must be brought in the name of the party who possesses the substantive right being asserted under applicable law. Civ. R. 17(A) provides, in…
2Cases cited6 opinions
- State ex rel. Dallman v. Court of Common PleasOhio Supreme Court · 1973
- Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
- Cleveland Paint & Color Co. v. Bauer Manufacturing Co.Ohio Supreme Court · 1951
- In Re Highland Holiday SubdivisionOhio Court of Appeals · 1971
- Edn. Assn. v. Bd. of Edn.Ohio Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Federal Home Loan Mortgage Corp. v. SchwartzwaldOhio Supreme Court · 2012
- Bogan v. Progressive Casualty InsuranceOhio Supreme Court · 1988
- U.S. Bank National Association v. MarcinoOhio Court of Appeals · 2009
- CitiMortgage, Inc. v. PattersonOhio Court of Appeals · 2012
- Wells Fargo Bank, N.A. v. SessleyOhio Court of Appeals · 2010
84 more not listed; retrieve them via the Exa API.