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BURNS v. NIELSEN

No. S-06-030.

732 N.W.2d 640 (2007)

273 Neb. 724

Donald R. BURNS, Jr., Appellee, v. John D. NIELSEN and Barbara Nielsen, doing business as Diamond Hill Farms, Appellees, and Federal Express Corporation, Appellant.

Supreme Court of Nebraska.

June 8, 2007.

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.

Patrick M. Connealy, of Crites, Shaffer, Connealy, Watson & Harford, P.C., L.L.O., Chadron, for appellee Donald R. Burns, Jr.

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

GERRARD, J.

Donald R. Burns, Jr., was injured in a work-related accident on the premises of a third party, and settled both a workers' compensation claim and a third-party negligence claim. Burns' employer, the appellant, sought to enforce a subrogation interest in the proceeds of the negligence settlement. The question presented in this appeal is whether the employer was barred from asserting its subrogation interest by equitable principles, based on its allegedly...

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