Johanson Et Ux. v. Cudahy Packing Co.

I dissent. Under Section 42-1-58, R. S. U. 1988, quoted in the prevailing opinion, is the “right of [the] * * * dependents to recover against such third person” to which the employer or insurance carrier is subrogated. The. right to recover against such third person which vested in the dependents upon the death of the employee was the right to recover the damage done to them by the wrongdoer, the right to recover the monetary value ,to them of the decedent’s life. This right was transferred by operation of law to the insurance carrier upon the dependents’ election to take compensation and the…