Continental Casualty Co. v. Wueschinski

OPINION

WOOD, Judge.

Continental (Continental Casualty Company), the workmen’s compensation insurer of the employer, paid compensation and medical benefits to Hess, the employee. The issue is the right of Continental to sue Wueschinski, the third party allegedly liable for the injuries to Hess, and because of which compensation and medical benefits were paid to Hess. Continental filed suit against defendant, naming Hess as an involuntary plaintiff. Hess did not wish to participate in the suit. The trial court ruled “that the involuntary plaintiff cannot be compelled to sue the defendant against…