Black, Sivalls & Bryson, Inc. v. Sheahan

MELLOTT, Chief Judge.

By a motion to strike defendant challenges the right of a former employer of a deceased employee to sue it, a third party whose alleged negligence caused the employee’s death, for an amount in excess of the amount paid by the employer under the compensation act of the State of Kansas. Diversity of citizenship exists, the amount in controversy exceeds $3,000.00, exclusive of interest and costs, and this court has jurisdiction.1

The pertinent Kansas statute is the section subrogating an employer for compensation and medical aid provided by him. It was amended subsequent to…