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TRAVELERS INS. CO. v. O'HARA

No. 02-77.

84 S.W.3d 419 (2002)

350 Ark. 6

The TRAVELERS INSURANCE COMPANY v. John O'HARA and Jo O'Hara, His Wife, Emilio Tirado, M.D., and Emilio Tirado, M.D., P.A.

Supreme Court of Arkansas.

September 12, 2002.

Attorney(s) appearing for the Case

Pryor, Robertson & Barry, PLLC, by: John R. Beasley, for appellants.

Compton, Prewett, Thomas & Hickey, L.L.P., by: Floyd M. Thomas, Jr., for appellees John O'Hara and Jo O'Hara.

Shackleford, Phillips, Wineland & Ratcliff, P.A., by: Dennis L. Shackleford and Norwood Phillips, for appellee Emilio Tirado, M.D. and Emilio Tirado, M.D, P.A.

TOM GLAZE, Justice.

This case requires us to determine whether or not a workers' compensation insurance carrier may pursue its subrogation rights against a third-party tortfeasor when the tortfeasor and the injured party have reached a settlement. The injured worker in this case, John O'Hara, suffered a work-related hernia, and underwent surgery to repair the hernia in March of 1993. During surgery, Dr. Emilio Tirado allegedly placed a stitch that injured O'Hara's...

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