In 2016, Westbrook filed a lawsuit against Rouses Markets for injuries he allegedly sustained due to the negligence of a Rouses Markets' employee while Westbrook was delivering goods. Ace, having paid Westbrook $55,679.19 as workers' compensation, intervened in the suit seeking reimbursement if Westbrook secured any recovery from Rouses Markets. In 2017, Westbrook's counsel withdrew, and Westbrook didn't appoint a new one. In March 2018, Rouses Markets moved for dismissal due to Westbrook's lack of prosecution. Despite Westbrook's non-response, Ace filed a motion opposing the dismissal, indicating their vested interest and payments of approximately $150,736.09 to Westbrook. The trial court, however, granted Rouses Markets' dismissal request.
On appeal, the main point of contention revolved around whether Ace, as an intervenor, should be dismissed due to Westbrook's inaction. The court determined that while Westbrook may have shown a "clear record of delay", Ace remained active in protecting its interests. Once Westbrook became inactive in the case, Ace responded to the dismissal motion and sought to proceed independently. Thus, the court ruled that Ace's claim should not be dismissed for want of prosecution, reversing the trial court's decision and remanding for further proceedings.
Library's Claim for Reimbursement of Uninsured-Motorist Benefits Denied Due to Prevailing Interpretation of Subrogation Rights Statute Appellate Party
Aalbama Chapter 13 Trustee Appeals in Favor of Injured Worker, Relying on Established Cahoon Precedent Over Defendant's Claim
A Look at Workers' Compensation and Subrogation Rights
Employer entitled to recover the full amount of workers' compensation benefits paid before the plaintiff's estate collected any funds from a third-party settlement.