Vespaziani v. Insana

SPAETH, Judge:

This is an appeal from an order denying a petition for leave to intervene as use plaintiff in a trespass action. We affirm.

Tony Vespaziani, while in the course of his employment, was injured in a motor vehicle accident. As a result, he received workmen’s compensation benefits from The Transport Insurance Company. When Vespaziani brought an action in trespass against the driver and owner of the other vehicle, Transport filed a petition for leave to intervene as use plaintiff. 1

The petition alleged that Transport is subrogated to Vespaziani’s rights against the driver and owner of…