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LIBERTY MUTUAL INS. CO. v. NUTTING TRUCK & CASTER CO.

No. 43437.

203 N.W.2d 542 (1973)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. NUTTING TRUCK AND CASTER COMPANY, Respondent, Johnson & Webster Company, Inc., d. b. a. Excelsior Super Valu Store, Respondent.

Supreme Court of Minnesota.

January 12, 1973.

Attorney(s) appearing for the Case

Robb, Van Eps & Gilmore and Don James Chantry and John H. Lewis, Minneapolis, for appellant.

Mahoney, Dougherty, Angell & Mahoney, Minneapolis, for Nutting Truck and Caster Co.

Castor, Stich & Ditzler, John E. Castor and Austin D. Ditzler, Minneapolis, for Johnson & Webster.

Heard before KNUTSON, C. J., and KELLY, MURPHY, and SCHULTZ, JJ.

HAROLD W. SCHULTZ, Justice.*

The sole question presented on appeal is whether the claim of a workmen's compensation insurer who is subrogated to the rights of an injured employee against a third-party tortfeasor is barred by the statute of limitations where the insurer failed to commence an action against the third-party tortfeasor within the statutory period, but where the employee had commenced an action within that period.

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