Torts Keyed to Dobbs
Sourbier v. State
The Appellee was injured in February 1989 when, in the scope of his employment, a vehicle struck his parked patrol car. His employer the Appellants, paid him worker’s compensation benefits. The Appellee brought an action against Robert and Betty Miller, the occupants of the vehicle that struck him, to recover for personal injuries. Pursuant to Iowa statute, the Appellants filed a lien against any recovery. The Appellee also filed a workers’ compensation claim with the Commissioner for additional benefits, a request the Commissioner granted. In connection with his personal claim, a jury awarded the officer damages. The Appellee then filed a declaratory judgment action against the Appellants to determine the Appellants’ right to his third-party award, which the district court did, reducing that award in lien to the State. The Appellee appealed on the ground that, while the State had a legitimate interest in much of the third-party judgment, it had no interest in that portion of the award compensating him for pain and suffering.
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