Mitchell v. Atwood Enterprises, Inc.

This appeal is taken by the intervenor-employer, Spartan Express, from the trial court’s order distributing the agreed personal injury settlement paid by the defendants Atwood Enterprises, Inc., Clock Tower Properties, Inc., Tower Gas Mart, Inc., and Schlichting & Sons Excavating, to the plaintiffs James and Shirlyn Mitchell. We reverse and remand.

This cause arises from the plaintiff husband’s slip and fall on a patch of ice and snow in January 1988. As a result of that fall, the husband was injured; the injury was determined to be covered by worker’s compensation; and the husband received…