Hightower v. Bekins Van Lines Co.

VAN der VOORT, Judge:

I. On the Appellee’s Application to Dismiss the Appeal or to Strike Matters from Appellant’s Brief

We will not grant the Application to Dismiss the Appeal, and will consider the appeal on its merits. We tend to agree with appellee that the appellant’s reference to an insurance company as the real party in interest is inconsistent with the record, as established by the pleadings filed by the parties; but we note (page 55 of the transcribed oral argument before Judge Chalfin) that defendant’s attorney stated in the lower court, without challenge, that “this is a subrogation…