Martin v. Agway Petroleum Corp.

OPINION OF THE COURT

Wilmer J. Patlow, J.

Plaintiff seeks an apportionment of attorneys’ fees between herself and the State Insurance Fund which is the workers’ compensation carrier for third-party defendant A. R. Gundry, Inc., employer of Eugene C. Martin, plaintiff’s deceased husband.

The decedent was injured during the course of his employment on July 24, 1978 while on the property of defendant Agway Petroleum Corporation when he fell from a trailer manufactured by defendant Heil Company and owned by third-party defendant A. R. Gundry, Inc., his employer. As a result of the fall, plaintiff’s…