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AETNA CASUALTY AND SURETY CO. v. BORTZ

No. 70-547.

246 So.2d 114 (1971)

The AETNA CASUALTY AND SURETY CO., a Foreign Corporation Authorized to Do Business in the State of Florida, Appellant, v. Edwin BORTZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 21, 1971.

Attorney(s) appearing for the Case

Kates & Ress and Roland Gomez, No. Miami, for appellant.

Kessler, Roth, Sheradsky & Beckerman, Miami, for appellee.

Before PEARSON, C.J., HENDRY, J., and VANN, HAROLD R., Associate Judge.

HENDRY, Judge.

This appeal arises out of a suit brought by the workmen's compensation carrier, The Aetna Casualty and Surety Company in its own name against a third party tortfeasor during the second year after injuries were sustained by an employee covered by the carrier, pursuant to § 440.39(4) (a), Fla. Stat., F.S.A. Cf. Ch. 70-148, § 6, Laws of Florida, 1970. During the course of the trial a settlement was reached with the tortfeasor.

The trial...

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