SEARCH

Kroger v. Taylor

The trial court abused its discretion in denying an employer and its agent's subrogation claim in an employee's tort action, since the employee's action was timely, the employer and its agent claimed an interest in the employee's lawsuit, their subrogation rights were not protected by the existing parties to the lawsuit, and the denial of their motion to intervene disposed of the only legal remedy for their claim.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Kroger Company and its agent, Sedgwick CMS, appeal the denial of their motion to intervene in a worker’s compensation suit, arguing that the trial court erred because their subrogation claim is not barred by the applicable statute of limitations and because they are not adequately represented by the existing parties to the litigation. We agree with these contentions and reverse.

“Whether a motion to intervene is timely is a decision entrusted to the sound discretion of the trial court.” Citations and punctuation omitted. Payne v. Dundee Mills, Inc., 235 Ga. App. 514, 515 1 510 SE2d 67 1998. “But where intervention appears before final judgment, where the rights of the intervening parties have not been protected, and where the denial of intervention would dispose of the intervening parties’ cause of action, intervention should be allowed and the failure to do so amounts to an abuse of discretion.” Citations omitted. Id.; see also OCGA § 9-11-24 a a party “shall be permitted to intervene in an action” when 1 “a statute confers an unconditional right to intervene” or 2 the party is “so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest”.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›