Nekuda v. Waspi Trucking, Inc.

This case involves the allocation of attorney fees between an employer and the personal representative of the estate of a deceased employee under the provisions of Neb. Rev. Stat. § 48-118 (Reissue 1984). Section 48-118 applies to suits brought against third parties for injuries caused by the third party to an employee entitled to workmen’s compensation benefits from his employer for the same injuries. The State of Nebraska, Department of Roads (State), as the employer of the deceased workman, appeals from an order of the district court for Douglas County, Nebraska, allocating attorney fees…