Wallingford v. Kroger Co.

HAYES, Judge:

In these consolidated appeals, Eldon Wallingford and Zurich Insurance Company appeal from an order and judgment entered May 20, 1987, in Mason Circuit Court granting the defendant, Kroger Company, a directed verdict in appellants’ negligence action. This action was filed originally by Wallingford; Zurich Insurance Company intervened as the insurance carrier of Wallingford’s employer, Coca-Cola Bottling Company, seeking indemnity for $22,451.43 in workers’ compensation and medical expenses. The issues on appeal are whether the trial court erred in holding that (1) Kroger owed…