Transport Insurance Company v. Wheeler

BARRON, Justice.

Marlin Wheeler, plaintiff in the trial court, filed suit against defendant, Transcontinental Gas Pipeline Corporation, an alleged third-party tort-feasor, for personal injuries. Defendant filed an answer and Wheeler’s compensation carrier, Transport Insurance Company, intervened to recover its subrogation interest. Intervenor had paid workman’s compensation benefits to Wheeler. On December 12, 1966, the case was assigned for trial and the plaintiff failed to appear, either in person or by attorney. On the same date intervenor and defendant compromised intervenor’s alleged…