Gartman v. Allied Towing Corp.

OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on the motion of Bituminous Casualty Corporation to intervene and to assert a lien against the proposed settlement between the plaintiff and defendant in this case. Plaintiff has responded with a motion to quash Bituminous’ notice of lien and dismiss Bituminous’ motion to intervene. For purposes of this motion, the Court accepts as true Bituminous’ recitation of the facts.

Stated simply the facts are as follow. Plaintiff, while working for Turner’s Express, claimed a job-related injury on November 4, 1975. As workmen’s…