KIMBRELL v. PAIGE

No. 81-764.

422 So.2d 902 (1982)

Dorman K. KIMBRELL, Jr., and Earlene M. Kimbrell, His Wife, Appellants, v. Phillip PAIGE, Eugene Berrian, and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 29, 1982.


Attorney(s) appearing for the Case

Edna L. Caruso, and Schuler & Wilkerson, P.A., West Palm Beach, for appellants.

Stanley J. Narkier of Weathers, Narkier & Brooks, P.A., West Palm Beach, for appellee Allstate Ins. Co.

Samuel Tyler Hill of Hill, Culver & Neale, Fort Lauderdale, for appellees Paige & Berrian.


LETTS, Chief Judge.

This appeal considers whether an injured employee, who has received workmen's compensation, can sue a third party tort-feasor for the first time after the passage of three years, although the compensation carrier has, in the second year following the accident, given the thirty day notice of its intention to seek subrogation and has filed an appropriate suit in that same second year. We hold the employee does not have a separate cause of action...

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