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Lingel v. Olbin8/29/2000
l their assets at market value or for pennies on the dollar should also be able to freely sell, give away, or borrow against proceeds that may result from the successful prosecution of a personal injury or wrongful death action unencumbered by the outdated rules we follow today.
Because I see the potential for mischief in the absolute assignment of these causes of action, I would draw a line, admittedly fine, between that type of assignment and the assignment of their proceeds. Acquiring an interest in proceeds should not give the acquiring party any interest in, or ability to direct, the litigation that may or may not result in those proceeds. Of course, clever counsel, heavy-handed "investors," and insurers may well craft documents that would bend or even cross this line. These concerns, however, are little, if any, different from current commercial arrangements between members of the general public and those lenders, investors, insurers, or "advisors" who now attempt to separate them from their assets by any means legal. These latter matters are addressed by the courts if legal bounds are exceeded and so, I trust, in similar circumstances, would the former.
For the same reason I find no principled distinction between precluding the assignment of personal injury or wrongful death causes of action, I cannot differentiate between selling or borrowing against one's tangible assets and sharing the proceeds of those actions, whether by sale, encumbrance, or gift. Despite finding little reason to support the extant rule precluding such sharing, particularly because evolving jurisprudence has seriously and significantly eroded Harleysville's already fragile foundation, I nevertheless feel compelled to follow that rule until it is modified, and therefore concur with the majority in the result.
J. WILLIAM BRAMMER, JR., Judge
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