O'DELL

Movant and appellant Rollins Leasing Corporation (RLC) appeals the order denying its motion to set aside the voluntary dismissal entered in favor of defendant and respondent Freightliner Corporation (Freightliner). By the motion RLC sought to intervene in a personal injury action brought by its employee, plaintiff and respondent Riley O’Dell (O’Dell), against Freightliner.

Summary Statement

O’Dell sued Freightliner for personal injuries assertedly caused as a result of his use of a truck manufactured by Freightliner. Because the injury occurred in the course of his employment, RLC paid O’Dell approximately $37,000 in workers’ compensation benefits. O’Dell settled the case against Freightliner before trial and voluntarily dismissed the lawsuit. Thereafter, RLC moved to set aside the dismissal so it might file a complaint in intervention to recoup the workers’ compensation benefits. RLC claimed it had not received proper statutory notice of O’Dell’s action against Freight-liner.

The trial court denied the motion on the grounds RLC lacked standing to set aside O’Dell’s voluntary dismissal of the action and, in any event, RLC had notice of the third party lawsuit against…