Travelers Insurance v. O'Hara

Tom Glaze, Justice.

This case requires us to determine whether or not a workers’ compensation insurance carrier may pursue its subrogation rights against a third-party tortfeasor when the tortfeasor and the injured party have reached a settlement. The injured worker in this case, John O’Hara, suffered a work-related hernia, and underwent surgery to repair the hernia in March of 1993. During surgery, Dr. Emilio Tirado allegedly placed a stitch that injured O’Hara’s femoral nerve, causing him a great deal of pain and difficulty in walking. O’Hara and his wife filed a medical malpractice action…