TURCO v. SCHUNING

No. S-05-068.

716 N.W.2d 415 (2006)

271 Neb. 770

Alfred S. TURCO, Jr., appellee and cross-appellant v. Kenneth SCHUNING, appellee, and North American Truck and Trailer, Inc., a South Dakota corporation, appellant and cross-appellee.

Supreme Court of Nebraska.

June 16, 2006.


Attorney(s) appearing for the Case

Dallas D. Jones and Jenny L. Panko, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellant.

Thomas J. Young for appellee Alfred S. Turco, Jr.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

This appeal presents the question, How should the proceeds of a third-party settlement be distributed between an injured employee and the employer's insurer under the Nebraska Workers' Compensation Act? North American Truck and Trailer, Inc. (North American) appeals the district court's order awarding Alfred S. Turco, Jr., an employee of North American who was injured in a motor vehicle accident, the entire amount of a tort claim settlement. North American...

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