Justice Robert McDonald
In a multi-car collision, Sherpa’s vehicle was hit from behind, and his vehicle collided with the rear of owner David Waithe’s car, with Genese and Vallia Waithe as its occupants. Insurer Government Employees Ins. Co. (GEICO) began this suit as David’ subrogee alleging Sherpa’s car struck David’s. GEICO asserted Genese and Vallia were seriously injured in the collision and were paid $185,000 in a settlement of their suit. GEICO now claimed a right to recover such sums from Sherpa as David’s subrogee. The court found GEICO may maintain this action as David’s subrogee despite it paying benefits to Genese and Vallia, not David. It stated it did not matter that GEICO did not pay any money directly to David, stating the insurer had an obligation under its contract with David to pay damages to passengers in his vehicle which allegedly should have been paid by Sherpa. The court further found that Sherpa’s motion for summary judgment was premature as discovery was not concluded. It stated in view of possible inconsistencies between Genese’s and Sherpa’s statements regarding the impacts of the vehicles, GEICO showed a need for discovery, noting GEICO has not yet taken depositions.
