Shamblin

This appeal involves the right of a workmen’s compensation insurance carrier—intervener Cypress Insurance Company—to recover from a third-party tortfeasor for benefits paid by it on behalf of the employer of an insured workman.

The workman—plaintiff Shamblin—was employed by Driver-Eddy Construction Company. On the date of the accident plaintiff, at the direction of his employer, was driving his personally owned station wagon from the site of one job to the site of another. A piece of equipment, owned by defendants, known as a Gradall, crossed the highway in front of plaintiff and, although plaintiff immediately put on his brakes, a collision occurred. The force of the impact caused a tool box which was being carried in the station wagon, and a ladder, to shift forward, resulting in serious injuries to plaintiff.

After a jury trial, plaintiff recovered judgment for $133,500 against defendants, which judgment the trial court reduced by $1,840.75—the amount of-workmen’s compensation benefits paid to plaintiff by the carrier. The verdict had found that the accident was caused by the concurrent negligence of the employer and the defendants. As a result of that jury finding,…