Hayes v. Jenkins

RUARK, Judge.

This case concerns the fundamental question of whether one who has been paid for his damages may maintain an action for such.

Plaintiff, now respondent, brought suit for damages to his automobile alleged to have been suffered in a rear-end collision. On May 3, 1955, defendant filed his pleading denominated “Motion to Name Party in Interest,” where he alleged that “the cause of action is that some insurance company on a subrogation claim wherein such insurance company has paid to plaintiff the amount of insurance under a policy on the automobile of plaintiff involved in such…