Merchants Mutual Insurance v. Newport Hospital

*88Kelleher, J.

These two civil actions were brought by the plaintiff insurer to recover moneys paid to the defendant hospital and the defendant Cohen pursuant to a decree of the Workmen’s Compensation Commission that was subsequently reversed by this court in Woods v. Safeway System, Inc., 101 R. I. 343, 223 A.2d 347. The defendant Cohen is an orthopedist. We have consolidated both suits. They are before us after we issued certiorari to review the denial by a Superior Court justice of a motion, filed by the insurer in each case, for summary judgment.1

This proceeding marks the third time we have…