Commercial Union Insurance v. Baio

LONGOBARDI, Judge.

Following an industrial accident in May, 1972, Defendant Dominick Baio (“Baio”) received over $8,000 in workmen’s compensation benefits from Plaintiff Commercial Union Insurance Company (“Commercial Union”). Baio filed an action against Ran*272kin Development Co. and DiSabatino Brothers, Inc. alleging that their negligence was the cause of his injuries. As a result of that suit, Baio recovered $175,000 from DiS-abatino Brothers for himself and his wife. Pursuant to the provisions of the Delaware Workmen’s Compensation laws, Commercial Union had asserted a lien on any proceeds…