ZOSS v. DAKOTA TRUCK UNDERWRITERS

No. 20019.

575 N.W.2d 258 (1998)

1998 SD 23

Kay ZOSS, as Special Administratrix of the Estate of Robert Rowland Zoss, Plaintiff and Appellee, v. DAKOTA TRUCK UNDERWRITERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1998.


Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson Peterson & Fox, Gregory, for plaintiff and appellee.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, for defendant and appellant.


SABERS, Justice

[¶ 1.] Trial court granted summary judgment to employee's widow, ruling (1) workers' compensation insurer's statutory lien against third-party recovery in wrongful death action was limited to benefits paid as of the date the court entered an order apportioning the proceeds of the settlement. The court also ruled (2) it would apportion expenses and attorney's fees later. Insurer appeals. We reverse and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases