State Industrial Insurance System v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark

*29OPINION

By the Court,

Young, J.:

FACTS

The facts relevant to this petition are not in dispute. Art Axas (“Axas”), an employee of Von’s Grocery Store, was injured at work when a stack of water bottles crashed on top of him. The accident was caused by a forklift driver employed by Monarch Beverage Company. Axas was injured in the course of his employment and therefore petitioner the State Industrial Insurance System (“SIIS”) began paying him insurance benefits. As of January 8, 1993, SIIS had paid Axas approximately $73,000.00.

Axas filed a lawsuit against respondents Monarch Beverage Company and…