McDevitt v. Terminal Warehouse Co.

WIEAND, Judge:

If, in an action filed against a third party tortfeasor prior to February 5, 1975, 1 an employee obtains a verdict allowing a joint recovery against the third party tortfeasor and the employer, who was joined as an additional defendant, may the employee recover any part of his counsel fees from the employer or from the third party tortfeasor? We conclude, in keeping with the general rule, that the employee must pay his own counsel fees.

Frank McDevitt, an employee of Scott Brothers, was injured on November 1, 1966 while working in a warehouse complex owned by Terminal Warehouse…