Driskell v. Hartley

Carley, Judge.

Appellee-plaintiff filed suit seeking to recover for property damage to his automobile. Appellant-defendant answered and raised the defense that appellee was “not the real party in interest and would have no cause of action, as recognized by law, for said claim.” Prior to trial, appellant invoked a ruling by the trial court as to his “real party in interest” defense. It was appellant’s position that the cause of action for property damage to the automobile belonged to appellee’s insurer. However, the trial court ruled that the property damage claim would be submitted to the…