Employers Mutual Casualty Co. v. Griffin

ARNOLD, Judge.

Defendant’s motion for involuntary dismissal under G.S. 1A-1, Rule 41(b) was denied by the trial court. We find that defendant was entitled to have this motion granted, since plaintiff’s evidence failed to show that it had a right to relief. See Wells v. Sturdivant Life Ins. Co., 10 N.C. App. 584, 179 S.E. 2d 806 (1971).

Plaintiff’s position in this lawsuit is that it is entitled to recovery from defendant because it is the subrogee of the church, the mortgagee, and the company that repaired the fire damage. We find, however, that plaintiff is not the subrogee of either the…