Indiana Lumbermens Mutual Insurance v. Statesman Insurance

This case is before this Court on a Petition to Transfer from the Appellate Court. It is an action between Indiana Lumbermens Mutual Insurance Company (Lumbermens) and Statesman Insurance Company (Statesman) the petitioner, arising out of a subrogation claim from a settlement by Lumbermens of a negligence claim.

The facts are as follows:

*33Jack Walker, an employee of the Imperial Water Conditioning Company was delivering a water softener to the home of Mr. and Mrs. Soots. While transporting the softener down the basement stairs of the Soots home, the stairs collapsed and Walker was seriously…