Broderick v. Great Lakes Casualty Co.

Opinion by

Kenworthey, J.;

A third party who has notice cannot, by settlement with an employee, deprive an employer (or insurance carrier) of the subrogation right granted by the Workmen’s Compensation Law. Smith v. Yellow Cab Co., 87 Pa. Superior Ct. 143, aff’d 288 Pa. 85, 135 A. 858; Scalise v. F. M. Venzie & Co., Inc., 301 Pa. 315, 152 A. 90. The question is whether a subrogated employer can maintain an action in assumpsit against a third party who, after notice, has settled with the employee, without proof that the ¡third party was in fact a wrongdoer or was liable to the employee; will the…