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JANSSEN v. TOMAHAWK OIL CO., LTD.

No. S-96-1036.

576 N.W.2d 787 (1998)

254 Neb. 370

Allen R. JANSSEN, Appellant, v. TOMAHAWK OIL CO., LTD., a Nebraska corporation, and Yellow Freight Systems, Inc., Appellees.

Supreme Court of Nebraska.

April 3, 1998.

Attorney(s) appearing for the Case

T.J. Hallinan, of Cobb & Hallinan, P.C., Lincoln, for appellant.

Jon S. Reid, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellee Yellow Freight.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

WRIGHT, Justice.

NATURE OF CASE

Allen R. Janssen appeals from an order denying his request that his employer, Yellow Freight Systems, Inc. (Yellow Freight), be required to pay a percentage of the expenses incurred by Janssen in an unsuccessful attempt to recover damages against a third-party tort-feasor. Yellow Freight had been joined as a defendant pursuant to Neb. Rev.Stat. § 48-118 (Reissue 1993) in order to protect its subrogation lien.

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