Kinney v. Leaman

In lieu of the record on appeal the case comes to us on a statement of the case pursuant to Mass.R.A.P. 8(d), as amended, 378 Mass. 934 (1979). In July of 1973 the plaintiff was injured in the course of his employment when a vehicle negligently operated by the defendant collided with the tractor trailer the plaintiff was driving. The plaintiff’s claim against his employer’s workers’ compensation insurer was settled for a total of $14,872; under the settlement agreement the insurer assigned its rights of subrogation (G. L. c. 152, § 15) to the plaintiff. The defendant’s automobile insurer,…