Imperiale v. Pollard, 370 S.E.2d 494 (Ga. Ct. App. 1988). · Go Syfert
Imperiale v. Pollard, 370 S.E.2d 494 (Ga. Ct. App. 1988). Cases Citing This Book View Copy Cite
12 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Hoeflick v. Bradley (gactapp, 2006-10-30)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Hoeflick v. Bradley
Ga. Ct. App. · 2006 · confidence medium
We note that another letter from Metropolitan Life alleges that the weed control chemicals weakened the fence posts, which condition permitted the cow to escape. 8 Collins has not appealed from the grant of summary judgment against him, and we will not speculate in this appeal as to Collins’ rights and responsibilities under the policy or possible issues related to the ownership of the car. 9 See, e.g., Imperiale, supra, 187 Ga. App. at 427 (a signed subrogation receipt was undisputed proof that plaintiff no longer had an interest in the cause of action); Kurtz v. Parker Plumbing &c., 118 Ga…
discussed Cited "see" Kelley v. BLUE LINE CARRIERS, LLC
Ga. Ct. App. · 2009 · signal: see · confidence high
See id. at 427 ; Kurtz v. Parker Plumbing &c., 118 Ga. App. 130, 131 (1) ( 162 SE2d 755 ) (1968), which was reversed by the Supreme Court of Georgia in Parker Plumbing &c. v. Kurtz, 225 Ga. 31 ( 165 SE2d 729 ) (1969).
discussed Cited "see, e.g." Sanders v. Trinity Universal Insurance (2×)
Ga. Ct. App. · 2007 · signal: compare · confidence low
Co., 187 Ga. App. 425 ( 370 SE2d 492 ) (1988); compare Imperiale v. Pollard, 187 Ga. App. 427 ( 370 SE2d 494 ) (1988).
Retrieving the full opinion text from the archive…
Imperiale
v.
Pollard
76190.
Court of Appeals of Georgia.
May 18, 1988.
370 S.E.2d 494
1988 Ga. App. LEXIS 704
C. Alan Mullinax, for appellant., William S. Sarandis, for appellee.
Carley, Deen, Sognier.
Cited by 5 opinions  |  Published
Carley, Judge.

Plaintiff-appellee filed suit against appellant-defendant, seeking to recover damages for personal injuries and for property losses allegedly resulting from a traffic collision. During discovery, it was established that appellee had received compensation for his property damage from his own insurer and, in consideration thereof, had executed a subrogation receipt in favor of said insurer. As to the property damage claims, appellant filed a motion for partial summary judgment, on the ground that appellee had assigned his cause of action to his insurer under the terms of the loan receipt. The trial court denied appellant’s motion for partial summary judgment but certified its order for immediate review. Appellant brings this appeal pursuant to our grant of his application for interlocutory appeal.

Appellant urges that the decisions in Parker Plumbing &c. Co. v. Kurtz, 225 Ga. 31 (165 SE2d 729) (1969) and in Lindsey v. Samoluk, 236 Ga. 171 (223 SE2d 147) (1976) mandate the grant of his motion for partial summary judgment. Appellee, on the other hand, urges that the present case is distinguishable from Parker Plumbing &c. Co. v. Kurtz, supra, and Lindsey v. Samoluk, supra. However, the wording of the subrogation receipt in the present case is identical to that which was held to constitute a complete assignment of the cause of action in Parker Plumbing &c. Co. v. Kurtz, supra. Compare Webb v. State Auto. Mut. Ins. Co., 187 Ga. App. 425 (370 SE2d 492) (1988). Likewise, in Lindsey v. Samoluk, supra, our Supreme Court clearly held that the defendant was entitled to partial summary judgment based upon the existence of a subrogation agreement and of a set of facts which were essentially identical to those which exist in the present case. Accordingly, the two Supreme Court decisions cannot be distinguished and are controlling authority here. It follows that the trial court “erred in not applying the decision of [the Supreme Court in Parker Plumbing &c. Co. v. Kurtz, supra, to the facts in the present case and erred in . . . denying [appellant’s] motion for a partial summary judgment.” Lindsey v. Samoluk, supra at 172. “The agreement which embodied more than a mere assignment of the cause of action was still an assignment of such cause of action, and the assignee must bring the action in its name. [Cit.] . . . [T]he undisputed proof showed that [appellee] no longer had any interest in the cause of action.” Parker Plumbing &c. v. Kurtz, supra at 31.

Judgment reversed.

Deen, P. J., and Sognier, J., concur. [*428] C. Alan Mullinax, for appellant. William S. Sarandis, for appellee.