Garcia v. Gutierrez

Plaintiffs William and Anita Garcia settled a personal injury action with defendant Barbara Gutierrez’s insurance company for injuries William and their daughter Krista sustained in a car accident. Thereafter, the Garcias’ insurance carrier, Country Companies, intervened to protect its subrogation rights. The trial court determined that Country Companies had no subrogation rights as to Krista’s recovery but that under the common fund doctrine the Garcias’ attorney was entitled to one-third of the amount that Country Companies had paid for Krista’s medical expenses. Country Companies appealed.…