BREEDLOVE v. NIAGARA COLD DRAWN SOUTH


813 S.W.2d 467 (1991)

Roy A. BREEDLOVE, Plaintiff-Appellee, v. NIAGARA COLD DRAWN SOUTH, Defendant, v. CHATTANOOGA CRANE & RIGGING COMPANY, Intervenor Appellant.

Court of Appeals of Tennessee.

Application for Permission to Appeal Denied June 10, 1991.


Attorney(s) appearing for the Case

Paul H. Dietrich, with Dietrich & Dietrich, Cleveland, for intervenor appellant.

Roger E. Jenne, with Jenne, Scott & Sellers, Cleveland, for plaintiff-appellee.


Application for Permission to Appeal Denied by Supreme Court June 10, 1991.

OPINION

SANDERS, Presiding Judge (Eastern Section).

The pivotal issue on this appeal is, where an injured employee who has been paid workers' compensation and subsequently recovers a judgment against a third party, the net proceeds of which exceed the employer's subrogation claim, can a pro rata portion of the cost and attorney's fees be charged against the subrogation claim...

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