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LIBERTY MUT. INS. CO. v. GARRY

No. 20126.

574 N.W.2d 895 (1998)

1998 SD 22

LIBERTY MUTUAL INSURANCE COMPANY and Orion Enterprises, Plaintiffs and Appellees, v. Bruce GARRY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1998.

Attorney(s) appearing for the Case

R. Alan Peterson of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, for plaintiffs and appellees.

Gregory K. Haugen of Wilka, Haugen & Kirby, Sioux Falls, for defendant and appellant.

SABERS, Justice.

[¶ 1.] Trial court granted summary judgment to workers' compensation insurer, ruling that its statutory lien against employee's settlement with third-party tortfeasor was not defeated by fact that employee was not made whole by settlement amount. Employee appeals. We affirm.

FACTS

[¶ 2.] On November 19, 1991, Bruce Garry was severely injured in a motor vehicle accident. It is undisputed that at the time of the accident...

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