Legal Opinion · Dissent

Turner v. Metro Area Transit

Nebraska Supreme Court

Decided June 7, 1985No. 84-607Published

1DissentShanahan, J.

In view of Meehan v. Philadelphia, 184 Pa. Super. 659, 136 A.2d 178 (1957), and Hladek v. John A. Dalsin & Son, 310 Minn. 178, 245 N.W.2d 593 (1976), the better rule appears to be that, when Metro settled its claim against the tort-feasor and gave up its right of future subrogation, Metro correspondingly gave up its right to any credit equal to Turner’s share of the settlement. Otherwise, the compromise intended and entered in view of the respective claims of the employer and employee *197would be frustrated. The settlement operated not only as a compromise of claims against the third-party…

2Cases cited2 opinions

  1. Meehan v. PhiladelphiaSuperior Court of Pennsylvania · 1957
  2. Hladek v. John A. Dalsin & SonSupreme Court of Minnesota · 1976

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