Schulz v. General Wholesale Co-Op. Co., Inc.

Buckley, District Judge.

In this appeal, the issue is whether counsel for the injured employee in a tort claim should be allowed attorney’s fees from that portion of the total settlement attributable to the workmen’s compensation subrogation claim of his employer. The trial court denied such allowance and we affirm.

The plaintiff, Burnell O. Schulz, an employee of defendant General Wholesale Cooperative Company, Inc., was seriously injured on February 13, 1973, while unloading a railroad car in Norfolk, Nebraska. A door inside the car came off the track and fell on him, causing various injuries…