Missouri Court of Appeals, Southern District / Jun 10, 2019
ROBERT WATTS and MARY WATTS, Plaintiffs-Respondents vs. EFCO CORPORATION, Defendant, LIBERTY MUTUAL INSURANCE CO., Intervenor-Appellant
Robert Watts was injured at work, and Liberty Mutual, his employer's workers' compensation insurer, paid benefits subject to a subrogation lien. The Watts sued EFCO Corporation for negligence, and the parties, including Liberty Mutual (also EFCO's liability insurer), settled. As part of the settlement, the trial court determined Robert Watts was 80% at fault. Liberty Mutual then intervened, disputing the calculation of its subrogation lien reimbursement based on this comparative fault finding. The appellate court affirmed the trial court's summary judgment in favor of the Watts, holding that Liberty Mutual invited any error regarding the comparative fault determination and that no express trust was created.