Opinion
No. 9596.
November 22, 1961. Rehearing Denied December 27, 1961. Certiorari Denied February 6, 1962.
Action by insurer which paid workmen's compensation by reason of death of driver of truck which was struck at railroad crossing by train, consolidated with action by widow against railroad and others for such death. The Twenty-Sixth Judicial District Court, Parish of Bossier, C.A. Barnett, J., rendered a judgment against the insurer, and it appealed. The Court of Appeal, Gladney, J., held that the insurer was entitled to bring the action for the purpose of establishing its damages and rights of subrogation.
Affirmed.
Bodenheimer, Looney, Richie Jones, Shreveport, for appellant.
Freyer Freyer, Mayer Smith. Shreveport, for appellees.
Before HARDY, GLADNEY and AYRES, JJ.
This suit was consolidated with Oliver et al. v. Illinois Central Railroad Company et al., La. App., 135 So.2d 521. The plaintiff insurer, having paid workmen's compensation of $11,370.00 by reason of the death of Arthur Oliver, is entitled to bring this suit against third parties (other than the employer) for the purpose of establishing its measure of damages and rights of subrogation under the express provisions of LSA-R.S. 23:1101. Right to recover is dependent upon that of its subrogor, which has been denied. The pertinent facts and issues involved in the instant case are identical with, and were adjudicated in the consolidated case.
Accordingly, the judgment from which appealed is affirmed at appellants' cost.