Cannon v. Container Corporation of America

HERRMANN, Justice:

In this action by a workman against a third party tort feasor, arising from an industrial accident, we are required to review the Superior Court’s apportionment of the recovery as between the employee and the employer’s compensation carrier.

The plaintiff employee, John Cannon, was injured by accident in the course of his employment by Wilmington Waste and Materials, Inc. Workmen’s compensation benefits were paid by Bituminous Casualty Company (hereinafter “Bituminous”), carrier for the employer. Cannon had a potential claim arising from the accident against a third party,…