Wendy's International, Inc. v. Karsko

MERRITT, Chief Judge.

Plaintiff Wendy’s International appeals from the District Court’s grant of summary judgment in favor of the Defendants. Wendy’s brought this action on behalf of its Employee Benefit Program Plan under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461 (1988). After one of its plan participants, Linda Kar-sko, was in an automobile accident caused by an uninsured motorist, Wendy’s incurred $66,757.19 in medical expenses on Mrs. Kar-sko’s behalf. In addition, the Nationwide insurance company paid the Karskos the full amount of their coverage under…