TRAVELERS INSURANCE CO. v. HOUCK

43680.

118 Ga. App. 154 (1968)

162 S.E.2d 781

TRAVELERS INSURANCE COMPANY et al. v. HOUCK et al.

Court of Appeals of Georgia.

Decided June 18, 1968.

Rehearing Denied July 9, 1968.


Attorney(s) appearing for the Case

Greene, Buckley, DeRieux, Moore & Jones, Burt DeRieux, James A. Eichelberger, Edgar A. Neely, III, for appellants.

Powell, Goldstein, Frazer & Murphy, Frank Love, Jr., for appellees.


HALL, Judge.

"It is . . . elementary that the claimant should not be allowed to keep the entire amount both of his compensation award and of his common law damage recovery. The obvious disposition of the matter is to give the employer so much of the negligence recovery as is necessary to reimburse him for his compensation outlay, and give the employee the excess. This is fair to everyone concerned: the employer, who, in a fault sense, is neutral, comes out even; the...

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