Ninaus v. State Farm Mutual Automobile Insurance

Wal-Mart Stores, Inc., Associates Health & Welfare Plan (Wal-Mart) appeals from the judgment determining its subrogation rights with respect to medical payments made on behalf of Julie Radish. Wal-Mart argues that the trial court erred in concluding: (1) that it was not entitled to subrogated recovery of its payments for Radish's 1994 medical costs; and (2) that the subrogated amount it was entitled to recover for Radish's 1995 medical costs was subject to. a one-third reduction for part of Radish's attorneys' fees. We affirm.

I. BACKGROUND

In 1994, Radish, a Wal-Mart employee, and Alma Ninaus…