MILLER AND MILLER CONSTR. CO. v. Madewell

The saga continues. For the fifth time, we are confronted with an appeal in which it is contended that the trial court has erred in determining a claim made by Miller and Miller Construction Company, Inc. ("the employer"), to subrogation as to funds recovered by its employee, Gary Wayne Madewell ("the employee"), in a separate third-party tort action. See Miller MillerConstr. Co. v. Madewell, 736 So.2d 1098 (Ala.Civ.App. 1998) (per Yates, J., with two judges concurring in the result), rev'd, Exparte Miller Miller Constr. Co., 736 So.2d 1104 (Ala. 1999) ("Miller I"); Miller Miller Constr. Co.…