Miller v. Boswell

OPINION

FRANKS, Judge.

The facts on appeal are not in dispute. Plaintiff Frank Miller was injured in a work-related accident on May 27, 1988, and his employer’s workers’ compensation carrier, American Casualty Company, paid benefits in the amount of $42,911.00. Miller filed a third-party action against Steven Boswell and Phyllis Howard and the carrier intervened, asserting its subrogation interest. Ultimately, this action was settled for $25,000.00 and the Trial Court awarded American Casualty the $25,000.00, but required it to deduct Miller’s attorneys’ fees from the recovery.

On appeal,…