Candyworld, Inc. v. Granite State Insurance

SHAHOOD, Judge.

In 1985, United Shows, Inc. (“United”) hired Candyworld, Inc. (“Candyworld”) to maintain, operate, and control the amusement park rides at the Palm Beach County Fair. An employee of Candyworld was struck by one of the rides and was injured. He sued, among others, United, but did not sue Candyworld which was exempted under the worker’s compensation act. Prior to trial, United settled with the employee for the sum of $2.5 million, of which United’s insurer, Granite State Insurance (“Granite State”), paid $1.5 million plus prejudgment interest.

In 1990, Granite State, as subrogee…