Heritage Mutual Insurance v. Thoma

Three questions will be answered in this decision, even though only one is asked on this appeal, with the reasons for so doing noted in the opinion.

Motion to amend.

Could or should the trial court have granted plaintiffs motion to amend its pleadings ?

While no issue is raised as to the trial court’s denying the motion to amend, appellant appears to find something wrong with allowing the plaintiff to plead over, initially attempting to recover subrogation without proving joint liability, and, if that attempt fails, to recover contribution by proving joint liability. We do not. It is permissible…