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Show THURSDAY, DECEMBER 9, 1971 THE DAILY RECORD Bankruptcies 1146 - Michael Pay Wright, 2977 S 900 W, Magna, Laboror, Kenne-co- tt - Lee Jerry Burgon, 1C59 $3,231.96; Asset $695.25; $415.25. 1171 - Shanna Hemsley, Rt 2, 237, brigham City, Housewife Unemploy. Liab $20,441.01; Asset $3,373.60; Ex $2,964. 1172 0 Noel 1059 . - Wig New - Allen Roulon Black, 67 W 8 N, Sp Fk, Salesman, Anderson Autos. Liab $8,758.77; Asset $2,580; Ex $9,630. 1175 - Iverson Const Co. 179 Haven Av, General Contractor. - Helen Diana Pickett, i 1176 - Iverson Investment Co. 179 W Haven Co; An investment Co Apollo C0rp, 711 THE Liab $455,129.40; Asset $67,476. 49; Ex None. Kearns Bldg, SLC. - Nona 1153 Bee Jackson, Hanks-vlll- e. Wage Earner; Gordon Kent Johnson, Stage Coach Cafe & Motel. Llab $45,399.98; $1,923.37: Ex - Carol Paulson. Burbidge, laylorsvl. Sales Clerk, Southland Corp. Liab $27,796.96; Asset $2,964.45; Ex $3,771.75. 1177 4380 Ebony Av, $1,752.39. - Harvey 1154 ville. B Jackson, Hanks Nelson-Ric- -- - Alfiro art Inez, 36 E 3 S, "onticello, Texaco Oil Co. 1178 Earner; Creamery & Wayne School District Llab $48,419.47; Asset $4,524.28 Ex Wage kf Liab $26,282.94; Asset $1,125; Ex $1,105. $1,759.39. - Vadle 1179 - Sally Martinez, 36 E 3 S Monticello. Grocery Clerk, Blue Starks, 781 E 950 N, Ogd. Precision Hand Finisher; Murdock Machine & E1155 Gene Market. Liab $26,282.94; Asset $1,225; Ex $455. Mtn ngineering Co. Llab $19,249.46; ! Asset $1,865; Ex $1,015. ic $329.50. - 1158.- $3,987.40. - NEW SPIRIT, INC. Snow Bird, Alta. Richard L Marechal, N-- '; Jr. llll 55063 $248. - Don Edward - Rite-Wa- Jamison, 752 y International. Roy S Barton for Dolores Salters, 972 W 3d S, SLC. Secretary, SLC Model Cities AGency Llab $3,924.11; Asset $100; Ex $100. 1166 - Hubert Lee Galpin, Jr. 406 Center St 6, SLC. "eat Processor, Palace 'eat Co. Liab $5,591; Asset $253; Ex $253. Thomas Rex Wilson, 1148 50. Not 1169 . L. M. Cummings, Clerk es, 3872 Wash. Blvd, Ogd. Wig Hairpieces. 'Llab $21,284.49; Asset $3,913.58; Ex Not Listed. 55065 - 175 Main CO, INC. Pres Brooks SERVICES, INC. SLC. Pres Robert E Wilkes, Rt 1, Box 40, Chapin,: SC; Sec Patricia W Wilkes, Same. S 55066 EE EMPLO - St, INC. 1115 PROGRAMS, A Tacoma, Washington. Pres Gary Larson, Sec Treena Bacon. Street, 55067 BAILE7 175 S - RINGLING COMBINED DC; Sec SECTRITi POLICE, INC 257-37- th St, Ogd. Pres Wallace 1065 Wall Av, Ogd; R Chccketts, 'esse St, Ogd; KE ' R Jacobson, Sec-Tr- ca 875 Chambers Company. Prior to filing a claim with the defendant Industrial Commission, the herein retained counsel and settled her case against the driver of plaintiff the vehicle which was involved in the fatal accident for $95,000. The Industrial Commission then refused to make an award upon the grounds that tortfeasor a sum of plaintiff had already received from the third-part- y money in excess of any possible award to which she would be entitled under the Utah law. Had the Commission first made an award to the plaintiff, the Travelers Insurance Company would have paid the same, and then either it or the heirs or personal representatives of the deceased could have sued the third-part- y tortfeasor for the wrongful death of plaintiff's husband. Any money recovered from the third-part- y tortfeasor would be disbursed according to the following statutory provisions:3 against the parties as their interests may appear. (2) The person liahle for compensation payments shall be reimbursed in full for all payments made. (3) The balance shall be paid to the injured employe or his heirs in case of death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the person liable for compensation. This court has heretofore held that subsection (1) above requires each party to bear its share of attorney's fee and expenses before making tlie distribution of the funds. 1. Section 4, U. C. A. 1953. 2. Section 5, U. C. A. 1953. 3. Section U. C. A. 1953. 4. Worthen v. Shurtleff and Andrews, Inc. , 19 Utah 2d 80. 426 P. ' ""! It is clear that had the Industrial Commission made the award required by the statute, the insurance carrier would have been obligated to pay its share of expenses before it could be reimbursed for the money it had paid plaintiff. 35-1-5- 35-1-4- 35-1-6- 2, Under the rulings made by the Industrial Commission in thiB case, the plaintiff by her efforts caused an undeserved windfall to the insurance .carrier in that it was required to pay nothing whatsoever on its obligation to even a proportionate share of the expenses incurred by the the plaintiff--nthe for carrier's benefit. plaintiff ot can see no reason why there should be any difference in the final result whether the third party pays before or after an award is made. We The matter is remanded to the Industrial Commission with clirections to determine the proper award to be made to plaintiff. If the parties cannot agree that the fee charged by plaintiff's attorney3 is reasonable, then the Commission should not release the money to the plaintiff for 30 days in order that the insurance carrier would have an opportunity to bring an appropriate action in the District Court to determine the proper amount of legal tortfeasor. expenses in connection with the settlement with the third-part- y parties can agree on the reasonableness of the-e- e and expenses incurred in connection with recovery from the third party, then the award minus any amount heretofore paid to plaintiff less the proportionate share of plaintiff's expenses should be released to plaintiff. In other words, the net award to the plaintiff would be the amount of the total expenses multiplied by a fraction, the numerator of which would be the award and the denominator of which would be $95, 000, less any amount heretofore paid to plaintiff. The insurance carrier would thus be out of pocket exactly the same amount of money as it would have been had the award been made before the recovery from the third-part- y tortfeasor, i. e. , its proportionate share of the expenses necessarily incurred in securing a recovery from the tortfeasor. The plaintiff is entitled to costs including a reasonable attorney's fee U. C. A. 1953. pursuant to Section 7, 35-1-8- SHOWS, INC. VP.Trea Israel Lewis Jacobs, Field, 2925 rcenvale Rd, Chevy Chase, Maryland. VP are-entitle- d BROS-RARN- Main St, SLC. Pres Irvin 2801 New vexico Av, Pth3 Same; Plaintiff's husband while temporarily in California and while iii the course of his employment lost his life in a head-o- n collision. Although he lost his life in California, he was employed in Utah, and his dependents to compensation according to the law of Utah. 1 The plaintiff on behalf of herself and her six minor children is entitled to an award under the compensation insurance laws of Utah of approximately $20, 000 against the insurance carrier of deceased's employer, to wit, the Travelers Insurance 444-2- 7 th Eugene Adams, St, Ogd. WE CONCUR: R. L. Tuckett, Justice 5. Contingent fee of 25 HENRIOD. Justice; & i Allan Crockett, Justice per cent. (Dissenting) dissent because 1 think the main opinion is based on "if" assumptions not germane to nor dispositive here. It says that "Had the Commission first made the award, the Travelers would have paid" it. The Commission set made no award because no claim was filed with it until after a third-part- y I 4 r i . ELLETT, Justice; If the interested Mancini, 2833-3- d St, San Fran. CA; V? Robert F Dumesnil, Same; lrea, Sec M P Ross, Same. 55068 Wig Coiffur- H T S Listed. - 21st Century Marulu SLC; Layton. Washington, - 3J E, S Peterson, C SLC. Leroy Wilson Av, Field, Wallace Grant Abersold Etc. 1805 E Severn Dr, SLC. Salesman, Joerns Furniture Co Llab $56,563,95; Asset $7,978; INC. 320 CEMEL, Peterson, 752 Wilson Av, SLC; :ary Ann Fowler, 649 N 850 E, p, Lexington Av, SLC. Mill Op; Cackling Acres, Inc. Liab $12, 395.10; Asset $367.50; Ex $347. 1168 SIEUL, INC. SLC. Robert & 55064 - IHE BR00KMAN 175 S Main St, SLC; - - - Suite 1, 438 Binford, Ogd. Bakery Machine Op; Continental Bank Co; Liab $7, 965.25; Asset $180; Ex - ; - OLPIN Deseret 55062 Backman, 2135 Oneida St, SLC; Ralph J Marsh, 1606 ale Av, SLC; Gary A Sargent, 569 Grand Oaks, Fruit Heights. 6- - Ex N Rye, L 1162 - Carolyn 'ean Lee, 3201 Childs Av, Ogd. Art Craft Recreation. Teacher, Ogd City Liab $2,661.80; Asset $578; 1167 Snow Bird, Alta; "ichael cCormick, 29 Reymont Av, Ryp, Michael N Graham, 311 Locust Av, R M- $238. 1165 West. B 55061 3201 Child Salt Great Ave, Ogd. Welder; Lake mineral & Chemichal Co; Liab $2,661,80; Asset $568; Ex 1164 - Thomas Dennis Hamilton, S Holladay Blvd, SLC. Xray 1183 5678 New Corporations Ford. Llab $7,824.77; Asset $615; Ex $175. 1163 Clarence Jack Ligman, 343 800 W, Provo. Salesman, Full Well Motor Prod. Liab $5,957.18; Asset $480; Ex $265. Liab $3,126.19; Asset $335.90; Ex $318.90. 1160 - Robert Lynn Grant, 842 N 500 E, Lehi. Salesman, Larson Ex Maintan-enc- Technician, Dr. Warren 1313 Glendale Dr, SLC. Housewife, Liab $12,532.31; Asset $4,282; Ex $3,005. - James J,ee, 39 lr, Hansen, C 1182 - - Robert Preston Wilson, - Helen Linda Wilson, Osmond N Glendale Dr, SLC. Dock & Truck Driver; PIE. Llab $16,179.15; Asset $4,461.80; 1161 - e Main St, Wellsville. Liab Grand Central. Man, $3,313.39; Asset $591; Ex $141. B 1313 1159 E S Liab $3,112.55; Asset RR. 1180.- Worker Ex Park, 667 G E Tryon, 1120 S State St, Clearfield. Const Mechanic Mills Equip Co. Llab $16,966.81; $764.50; Ex $2,529.50. Wm American Sheep Company Division, Defendants. The reasonable expease of the action, including attorneys' fees, shall be paid and charged proportionately $600; Ex $470. Llab $16,966.81; .Asset $464,50; 1157 November 30, 1971 (1) Tmpl, SLC. Car Man, Union Pacif- - Willetta Tryon, 1120 S State St, Clarfleld. Housewife. Ex - Robert 1180 1156 '1 W Liab $1,123, 479.39; Asset $410, 434,66; Ex None. Agusta Way, SLC. Housewife, Llab $100,797; Asset $8,706 Ex $10,829. - Invention Develop Co; Llab FILED The Industrial Commission of Utah and Ward Foods, Inc. , 1174 Agusta Way, SLC. CPA; Pickett, Stevens & Co. $477,894.37; Asset $92,768; x $10,829. 1152 v. $31,800; Asset $1,128.23; Ex $8,425. - Donald Harlow Pickett, 1151 1150 A. No. 12398 3670 Taconson, 1173 - George Edwin Twibey, Jr. 449 N 400 E, Kaysvl. Salesman, Imports Inc, 2960 Richards St, SLC. Importing & Distributing hair Prod. Llab $502,747.24; Asset $69,741.09; Ex $not listed. 1150 1150 G Beth Larene Winkler Graham, for herself and as Guardian of the Estates of Teri Lynn Graham, Mary Elizabeth Graham, Richard Darrell Graham, Lance Darrell Graham, Blake Darrell Graham and John Darrell Graham, Plaintiffs, Keisel St, Ogd. Painter, Ogd Iron Works. Liab $4,858.03; Asset $765.50; Ex $410.50. SLC. 16, Receptionist) Steno; Vista Int'l Corp. Llab $2,29155; Asset $695.25; Ex. $415.25. 1149 11 Box Ex - Deann Drake Burgon, 1148 E 6 S De 098.61; Asset $4,648.29; Ex $3,014. S, P16, SLC. Route Salesman, CocaCola Bottling Co. Llab E 6 THREE In The Supreme Court Of The State Of Utah Lece Hemsley, t 2, box 237; Brigham City. Clerk, D f. R G W RR. Llab $22, Copper Cor. $5,169.32; Asset $694.75; Ex $986. 1147 - Richard 1170 PAGE t |