Murphy v. Sears Roebuck & Co.

1 Citing case

  1. Maryland Cas. Ins. Co. v. Glomski

    210 Ga. App. 759 (Ga. Ct. App. 1993)   Cited 14 times
    Applying Georgia law

    The issue before us is whether Illinois or Georgia law governs Maryland Casualty's subrogation rights. In Murphy v. Sears Roebuck Co., 209 Ga. App. 171 (1) ( 433 S.E.2d 325) (1993), this court addressed a conflict of laws question in a workers' compensation case by relying on Howard v. Alfrey, 697 F.2d 1006 (11th Cir. 1983). In Howard, the United States Court of Appeals for the Eleventh Circuit stated the general rule that "[a]s to third-party actions, if compensation has been paid in a foreign state and suit is brought against a third-party in the state of injury, the substantive rights of the employee, subrogated insurance carrier and the employer are ordinarily held governed by the laws of the foreign state."