Reliance Insurance v. Messina Trucking, Inc.

This appeal concerns an action by a workmen’s compensation carrier for reimbursement of benefits it paid to an insured employee, injured in a traffic accident, from the third-party tortfeasor.

Plaintiff Reliance Insurance Company is the workmen’s compensation carrier for Sterling Con*161struction Company, employer of Lawrence McCoy. McCoy was injured while working at a construction site when he was hit by a truck driven by defendant Jerry Drake and owned by defendant Messina Trucking. In this lawsuit Reliance, as subrogee of McCoy, seeks to recover the benefits it paid to McCoy against any damages…