STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. PAYNE
Supreme Court of Oklahoma
1Opinion of the CourtWyrick, J.
¶1 When describing an insurer’s subrogation claim, we say that the subrogated insurer “steps into the shoes of the plaintiff.” 1 Here, the original plaintiff, Tori Ukpaka, brought a timely lawsuit against the Defendant/Appellee, Nicholas Payne, for injuries arising out of an áutomobile accident that happened in 2012. Ukpaka then voluntarily dismissed that lawsuit in 2015 — after ' the statute of limitations for such actions had run. No one questions that if Ukpaka wanted to refile her claim, the savings statute at 12 O.S. § 100 would allow her up to one year from the date of the dismissal to…
2Cases cited14 opinions
- C & C Tile Co. v. Independent Sch. Dist. No. 7 of Tulsa Cty.Supreme Court of Oklahoma · 1972
- Cruse v. Board of County CommissionersSupreme Court of Oklahoma · 1995
- Aetna Casualty & Surety Co. v. Associates Transports, Inc.Supreme Court of Oklahoma · 1973
- Lowder v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 1968
- Meshek v. CordesSupreme Court of Oklahoma · 1933
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3Cited by5 opinions
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- Spencer v. NelsonDistrict Court, W.D. Oklahoma · 2021
- Steadfast Insurance Company v. Eagle Road Oil LLCDistrict Court, N.D. Oklahoma · 2019