Legal Opinion
Robert Garcia v. Douglas E. Hall and Danny L. Mangus
Court of Appeals for the Tenth Circuit
Decided June 23, 1980No. 78-1819PublishedCited by 36 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This action claiming negligence in connection with a vehicle collision was brought in the name of Robert Garcia. 1 The insurer of the damaged vehicle, Plains Insurance Company, has a subrogation interest in the amount of the claim, $10,039, minus the policy deductible, $100. 2 Jurisdiction is predicated on diversity of citizenship. The district court dismissed the action after concluding that Robert Garcia “is not the real party in interest and that Dominga Garcia [Robert’s mother] and/or Plains Insurance Company is the real party in interest.” Record, vol. 1, at 23. The…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Marvin Dudley v. Gilbert P. SmithCourt of Appeals for the Fifth Circuit · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Federal Deposit Ins. Corp. v. IshamDistrict Court, D. Colorado · 1991
- Truckweld Equipment Co. v. Swenson Trucking & Excavating, Inc.Alaska Supreme Court · 1982
- Scheufler v. General Host Corp.Court of Appeals for the Tenth Circuit · 1997
- Mitsui & Co. v. Puerto Rico Water Resources AuthorityDistrict Court, D. Puerto Rico · 1981
- Delta Coal Program v. LibmanCourt of Appeals for the Eleventh Circuit · 1984
31 more not listed; retrieve them via the Exa API.