Fultz v. Cummins Sales & Service, Inc.

OPINION

BISSETT, Justice.

This case involves an appeal from an order dismissing a subrogation action with prejudice as to all defendants for alleged failure of the nominal plaintiff (subrogor) to comply with a discovery order. The sub-rogation action arose out of an accident wherein a yacht purchased by Wilford Fultz (insured; subrogor; nominal plaintiff) was damaged by fire allegedly resulting from the negligent and defective manufacture and repair of the vessel. The action was brought in plaintiff’s name by Insurance Company of North America (INA; subro-gee, insuror) against Cummins Sales and…