Holmes Regional Medical Center, Inc., Petitioners v. Allstate Insurance Company — Pariente, J…

Summary

Justice Pariente concurred fully in the majority but separately rejected the argument that fairness and efficiency required allowing the unpaid initial tortfeasor and insurer to pursue contingent equitable subrogation in the medical-malpractice action. She reasoned that the injured plaintiff remained uncompensated, had not opposed intervention itself, and could be prejudiced and the litigation confused by allowing the tortfeasor to litigate alongside him. Justice Lawson and Justice Polston, dissenting, would have allowed the contingent equitable-subrogation claim because Boozer remained liable for the entire judgment and needed a remedy against any subsequent tortfeasors responsible for additional harm.