ATS, INC. v. Listenberger

MARY K. HOFF, Judge.

ATS, Inc. (Employer) and Liberty Mutual Insurance Company (Insurer) appeal from the trial court’s grant of summary judgment in favor of Kenneth Listenber-ger (Employee), which held that Employer and Insurer did not have a subrogation interest in any recovery made by Employee against his former attorneys for an alleged failure to timely file a claim against a tortfeasor (the tortfeasor) who caused physical injury to Employee. We affirm.

The trial court resolved this case after hearing argument on mutual summary judgment motions filed by the parties. The motions were…