SIMONETT, Justice.
This appeal raises issues relating to an employer-insurer's subrogation action after the employee has made a pretrial Naig settlement. We hold that the defendant tortfeasor is entitled to a jury trial, and we clarify the measure of damages and how the damages are to be determined. We affirm in part and reverse in part the court of appeals' decision, Tyroll v. Private Label Chemicals, Inc.,
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