Hartford Accident & Indemnity Co. v. D. F. Bast, Inc.

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Defendants appeal from an order granting summary judgment and awarding *26,350 to plaintiff in an action brought by it to enforce a lien created by section 5(b) of the Workmen’s Compensation Act (the Act). Ill. Rev. Stat. 1973, ch. 48, par. 138.5(b).

The following issues are raised on appeal: (1) whether defendant waived or is estopped from asserting a lien by its conduct; (2) whether the amount of the judgment is excessive; and (3) whether the pendency of another action is inconsistent with the entry of summary judgment.

In July…