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BRABANDER v. WESTERN CO-OP. ELEC.

No. 65539.

811 P.2d 1216 (1991)

248 Kan. 914

David BRABANDER, Appellant, v. WESTERN COOPERATIVE ELECTRIC, Defendant, and Commercial Union Insurance Company, Appellee.

Supreme Court of Kansas.

May 24, 1991.

Attorney(s) appearing for the Case

M. John Carpenter of Carpenter Law Office, Great Bend, argued the cause, and Donald Vasos of Vasos, Kugler & Dickerson, Kansas City, was with him on the brief, for appellant.

Edward D. Heath, Jr. of Harris & Heath, Wichita, argued the cause and was on the brief, for appellee.

McFARLAND, Judge:

In this appeal, a single narrow issue of statutory interpretation is raised. Specifically, does K.S.A.1990 Supp. 44-504(d) require the trial court to reduce an employer's workers compensation subrogation interest: (1) by the percentage of fault attributed to the employer by the factfinder; or (2) by the percentage of the damage award itself attributable to the employer's negligence? The trial court interpreted K.S.A. 1990 Supp. 44-504(d) to require...

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