Nationwide Insurance Co. of America v. Tri-County Metropolitan Transportation District

According to the complaint in this case, plaintiff Nationwide Insurance Company of America paid $2,753.73 to repair damages to its insured’s Cadillac caused by defendant Tri-County Metropolitan Transportation District’s (TriMet) negligently operated bus. Plaintiff then sued defendant to recover that amount, alleging that it was “subrogated to all rights of its insured” against defendant. Defendant moved to dismiss the complaint under ORCP 21 A(6) and ORCP 26, on the ground that plaintiff was not the real party in interest on the claim, and under ORCP 21 A(8), on the ground that the complaint…