Herrera v. Springer Corporation

I concur with the majority opinion that U.S.F.&G. is not an indispensable party, and I dissent for failure to set aside the default judgment, or at least to reverse the judgment to try the issue of damages.

I. U.S.F.&G. is not an Indispensable Party.

Defendant contends that U.S.F.& G. was an indispensable party. This was an afterthought. Under this record, U.S.F.&G. had no claim against defendant for reimbursement of compensation benefits because U.S.F.&G. was to be reimbursed from plaintiff’s judgment. U.S.F.&G. was, therefore, not an indispensable party.

The reason for the lengthy analysis in…