Nichols v. Lighthouse Restaurant, Inc.

*713 Opinion

O’CONNELL, C. J.

The intervening plaintiff, Henk-els & McCoy, appeals from a summary judgment rendered against it in a negligence action arising out of a workers’ compensation claim. The sole issue is whether an employer’s right to intervene in its employee’s action, asserting a claim to recover workers’ compensation benefits from a third party tortfeasor, is subject to the applicable two year statute of limitations without regard to the timing of the employee’s action.1

The plaintiff, Charles Nichols, commenced this negligence action on August 4,1993, after he sustained injuries in a…