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MILLER v. BOSWELL

844 S.W.2d 626 (1992)

Leonard Frank MILLER and wife, Denise B. Miller, Plaintiffs-Appellees, v. Steven M. BOSWELL and Phyllis Howard, Defendants.

Court of Appeals of Tennessee, Eastern Section.

June 18, 1992.

Attorney(s) appearing for the Case

Roger L. Ridenour, Ridenour & Ridenour, Clinton, for plaintiffs-appellees.

Robert W. Knolton, Joyce, Meredith, Knolton & Flitcroft, Oak Ridge, for defendants.

Janet L. Hogan, Hogan & Hogan, Knoxville, for intervenor-appellant.

Published Pursuant to Court of Appeals Rule 11.

OPINION

FRANKS, Judge.

The facts on appeal are not in dispute. Plaintiff Frank Miller was injured in a work-related accident on May 27, 1988, and his employer's workers' compensation carrier, American Casualty Company, paid benefits in the amount of $42,911.00. Miller filed a third-party action against Steven Boswell and Phyllis Howard and the carrier intervened, asserting its subrogation interest....

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