Schneider v. Farmers Merchant, Inc.

DONALDSON, Chief Justice.

In this case we decide the total damages that are available to an injured employee who received workmen’s compensation benefits from his employer, and later recovered damages against a third party in a separate negligence suit. We also decide the proper apportionment of these damages as between the employer and third party.

On May 13, 1977, Larry Schneider suffered an injury while employed as a truck driver for Nelsons’ Inc., (hereinafter referred to as Nelson). The injury occurred while Schneider was loading grain into his truck with an auger owned and supplied by…