McDaniel v. Hoge

Plaintiff Janice McDaniel sued for damages arising from the death of her husband, James D. McDaniel. Among the named defendants was Commonwealth Edison (hereinafter ComEd). A workmen’s compensation lien was filed in the action by third-party defendant HogeWarren-Zimmerman Company (hereinafter HWZ). At the close of plaintiff’s case-in-chief, the suit was settled for $500,000. Both plaintiff and HWZ filed post-trial motions to have the workmen’s compensation lien adjudicated. The trial court ruled that the lien does not attach to the settlement proceeds, and HWZ appeals.

On December 17, 1973,…