Duncan v. Deits

Banke, Presiding Judge.

The appellant and appellee were involved in an automobile collision, as a result of which the appellant was paid $28,582.73 in insurance benefits by his own insurance carrier. Thereafter, his insurer, exercising its right of subrogation under the policy, brought this action against the appellee in the appellant’s name, seeking to recover $22,607.23 for losses attributable to property damage sustained by the appellant. The appellee counterclaimed for $2,500. A jury trial resulted in a verdict for the appellant in the amount of only $5,000, and this appeal followed.

The…