Finney

Defendant Manpower, Inc. appeals from a judgment reimbursing intervener Hartford Accident and Indemnity Company the full amount of the workers’ compensation benefits paid to plaintiff Hampton Finney which total amount exceeded defendant third-party tortfeasor’s proportional share of responsibility. The sole issue before us is whether the recovery by the intervener should be limited to the third-party tortfeasor’s proportional share of responsibility.

Factual and Procedural Background

On July 13, 1976, Hampton Finney was injured in the course and scope of his employment at DeJur Amsco Corporation while assisting his employer move its business location. DeJur Amsco had also hired temporary help from defendant Manpower to assist in the move. As Finney and employees of Manpower were moving a large display case on a hand truck, the display case fell back on Finney’s right shoulder causing an injury to his lower back. On May 26, 1977, Finney sued Manpower for his personal injuries. On July 11, 1978, Hartford filed its complaint in intervention for reimbursement of all workers’ compensation benefits paid to Finney as a proximate result of Manpower’s negligence. At trial, the…