EMPLOYERS MUT. INS. CO. v. OAKES MFG. CO.

No. CX-84-158.

356 N.W.2d 719 (1984)

EMPLOYERS MUTUAL INSURANCE COMPANY, Respondent, v. OAKES MANUFACTURING COMPANY, Appellant.

Court of Appeals of Minnesota.

October 23, 1984.


Attorney(s) appearing for the Case

Thomas Athens, Arvesen, Donoho, Lundeen, Hoff, Svingen & Athens, Fergus Falls, for respondent.

W.D. Prindle, Juan A. Alsace, Prindle, Maland, Sellner, Stennes & Thompson, Montevideo, for appellant.

Heard, considered, and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.


OPINION

WOZNIAK, Judge.

This is an appeal by the defendant manufacturer from the denial of its motion for a new trial, and from the awarding of prejudgment interest following a jury verdict. Respondent Employers Mutual brought the action to enforce its subrogation claim accruing from payment of workers compensation benefits to the injured employee, who earlier had settled his own action against appellant Oakes. We reverse and remand for a new trial.

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