Riley on Behalf of Swanson v. Herbes

OPINION

PHYLLIS GENE JONES, Judge * .

Appellant Peter Riley challenges the district court’s holding that respondent Minnesota Laborers Health & Welfare Fund can assert a subrogation interest in a minor settlement. We affirm.

FACTS

Trey Swanson, a minor, was injured in an automobile accident. Peter Riley sued defendants Karen Herbes and Stephen Lashin-ski on Trey’s behalf for loss of earning capacity, pain, suffering and disfigurement, but not for medical expenses. Riley is not Trey’s parent. Trey’s claim was settled and the district court was petitioned for approval of the minor settlement.

Trey’s…