Banoski v. Moto-Crane Service, Inc.

I would remand for a determination by the trial court of a “reasonable expenditure” for attorney fees for the attorney representing the injured employee and for the attorney representing the subrogee (which could be less, more, or the same as the one-third contingent fee the injured employee agreed to pay his attorney), and for a division of the amount so determined between the two attorneys.

The subrogee is entitled to that portion of the interest paid by the third-party tortfeasor allocable to the subrogee’s share of the recovery.

I

After Alex Banoski, the injured employee, and his wife,…