Ellis Ex Rel. Ellis v. Kenworth Motor Truck Co.

ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

I

This wrongful death action was, except for the issue discussed here, terminated by a settlement approved by this court on October 2, 1978. Of the $140,000 total settlement, $16,740 was apportioned to the intervenor Transport Indemnity Company, the deceased’s workers compensation carrier. This $16,740 represents the amount paid by the intervenor in the form of worker’s compensation benefits, and was awarded pursuant to Transport’s subrogation lien created by Tex.Civ.Stat.Ann. art. 8307 § 6a (Vernon Supp.1979). Of this sum, $5,580, or one-third, was…