Green v. Daimler Benz, AG
United States District Court for the Eastern District of Pennsylvania
157 F.R.D. 340 (1994)
After Gerald Green's (plaintiff) personally insured Mercedes caught fire, his insurer Metropolitan paid out his claim and acquired a subrogation interest, then filed suit in Green's name (rather than its own) against the manufacturer, wholesaler, and retailer of the vehicle (defendants) just before the limitations period expired, alleging the fire resulted from a design defect; this was proper under Pennsylvania procedure, which exempts subrogees from the real-party-in-interest requirement, but the defendants removed to federal court and moved for summary judgment, arguing Metropolitan, not Green, was the real party in interest under the stricter federal rule, and Green requested that Metropolitan be substituted as plaintiff instead.
Whether a federal court should dismiss a claim mistakenly brought in the name of a person who is not the real party in interest, or instead permit substitution of the actual real party in interest, where the original filing was based on a good-faith or honest mistake.