HEIMERMAN v. ROSE

No. 114,890.

414 P.3d 745 (2018)

Pamela HEIMERMAN, Individually, as Surviving Spouse and Heir At Law of Daniel Joseph Heimerman, Deceased, Appellant, v. Zachary ROSE and Payless Concrete Products, Inc., Appellees, and Northern Clearing, Inc. and Old Republic Ins. Co., Intervenors/Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 2018.


Attorney(s) appearing for the Case

Scott J. Mann , of Mann, Wyatt & Rice, LLC, of Hutchinson, argued the cause, and Jesse Tanksley , was with him on the briefs for appellant.

Kyle P. Sollars , of Evans & Dixon, LLC, of Kansas City, Missouri, argued the cause, and Brian J. Fowler , of the same office, was with him on the briefs for intervenors/appellees.


Daniel Heimerman was killed in a car accident while acting within the course and scope of his employment. As a result, Daniel's wife, Pamela, received workers compensation death benefits. By operation of law, an employer who pays workers compensation benefits receives subrogation rights and a...

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