Green v. Daimler Benz, A.G.

157 F.R.D. 340 (E.D. Pa. 1994)

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Nature of the Case

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Facts

P sued Ds alleging that he owned a Mercedes-Benz automobile (the 'Mercedes') and that he became stuck in a snow bank on or about December 28, 1990, whereupon the car allegedly caught fire because of a defect that was the product of Ds' alleged negligence and recklessness. P sued the manufacturer, wholesaler, and retailer of the Mercedes for the $62,556.50 in property damage to it. Defendants removed the action to federal court. Ds then moved for summary judgment, claiming that P had no property interest in the Mercedes and was not the real party in interest in this action. DMV documents showed that the owner of the Mercedes was 'Infants Children & Youth Ltd.' P had signed some of the documents of ownership as 'President,' presumably of IC&Y. P did not contest the authenticity or accuracy of any of these documents and twice admits that 'the real party in interest in this action is Metropolitan,' the insurance company. P's counsel explains that he named P as plaintiff because IC&Y purchased the Mercedes, which P used as President of the company. P insured the Mercedes in his own name with a policy from Metropolitan. When the Mercedes was destroyed in the fire that gave rise to this suit, Metropolitan paid the insurance proceeds to P, less P's deductible of $1,000. After Metropolitan paid Dr. Green, it held the subrogation interest in the automobile. Counsel for Metropolitan then brought suit in P's name in the Court of Common Pleas. P argues that we should permit the substitution of Metropolitan for him pursuant to Federal Rule of Civil Procedure 17.