Lucas v. Durabond Products Co.

MEMORANDUM ORDER

WEBER, Chief Judge.

In this case the defendant has moved to require the dismissal of this case because it is not brought by the real party in interest as required by Fed.R.Civ.P. 17(a). A real party in interest in this case is the plaintiff’s employer (or its insurance carrier) who seeks by this action to recover a large sum of money from the defendant as their subrogation right.

An abundant body of case law holds that a party holding a subrogation interest, either whole or partial, is the real party in interest. United States v. Aetna Casualty & Surety Co., 338 U.S. 366, 70…