Employers Mutual Insurance Co. v. Oakes Manufacturing Co.

OPINION

WOZNIAK, Judge.

This is an appeal by the defendant manufacturer from the denial of its motion for a new trial, and from the awarding of prejudgment interest following a jury verdict. Respondent Employers Mutual brought the action to enforce its subrogation claim accruing from payment of workers compensation benefits to the injured employee, who earlier had settled his own action against appellant Oakes. We reverse and remand for a new trial.

FACTS

The injured employee, Dennis Neisius, is the principal stockholder of Hansen Implement Company which is engaged in the sale and service of farm…