Russell v. Evans

SPINDEN, Presiding Judge.

Having paid its insured, Mike Russell, $64,000 for damages in an automobile accident in which the other driver was under-insured, American States Insurance Company seeks to recover the money from the other driver’s employer, Fontastik, Inc. Russell’s car collided on April 10, 1991, in Kansas with a ear driven by Nancy Evans who was making a trip in the course and scope of her work for Fontastik. Russell sued Evans, but not Fontastik. American States intervened, but by the time it did, the statute of limitations had expired for suing Fontastik. Recognizing that the…