Continental Casualty Co. v. Sweda

PRESIDING JUSTICE MORAN

delivéred the opinion of the court.

This case involves an interpretation of section 5 (b) of the Workmen’s Compensation Act (Ill Rev Stats 1965, c 48, § 138.5 (b)) and appears to be of first impression in our State.

On November 23, 1965, Bruno Sweda suffered a severe head injury during the course of his employment. The injury was caused, not by his employer but, by a third party. His wife was subsequently appointed Conservator of his estate and brought an action against the third party to recover for her husband’s injuries and for her loss of consortium. The plaintiff,…