Gilbreath v. Phillips Petroleum Co.

ORDER

DAUGHERTY, Chief Judge.

This is an action to recover for the wrongful death of Plaintiff Tennie L. Gilbreath’s (Gilbreath) husband caused from burns he allegedly received when the ditching machine he was operating struck Defendant’s pressurized natural gas pipeline resulting in an explosion and fire. Plaintiff Western Casualty and Surety Company (Western) was made a party plaintiff to this action on motion of the Defendant as Western has paid worker’s compensation benefits to Plaintiff Gilbreath and is thereby subrogated to all or part of Plaintiff Gilbreath’s claim against Defendant…