# Franch v. Ankney

> Court of Appeals of Maryland · January 29, 1996 · 341 Md. 350

URL: https://www.frixlaw.com/law-library/cases/7918842

## Case

- **Full name:** William F. FRANCH v. Lottie L. ANKNEY et vir.
- **Court:** Court of Appeals of Maryland
- **Decided:** January 29, 1996
- **Citations:** 341 Md. 350; 670 A.2d 951; 1996 Md. LEXIS 8
- **Precedential status:** Published
- **Opinion:** Dissent by Bell
- **Judges:** Bell, Chasanow
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7918842

## How later opinions describe it (automated extraction)

- holding that when an employee settles a third-party action after filing a workers’ compensation claim and receiving compensation benefits, forfeiture is not the proper remedy unless the employer can show that it suffered material prejudice as a result of the settlement
- concluding that “[t]he employer’s rights in the claim against the third party are only those derived through the employee” (citing Johnson *43 v. Miles, 188 Md. 455, 459, 53 A.2d 30, 32 (1947))
- holding that trial court properly struck expert testimony after it had been presented to the jury when it became clear that the testimony was based on an incorrect interpretation of the law.”
- stating that the Act permits an employer to sue where “the employee’s injury resulted from the tortious conduct of a third[ ]party”
- noting that the appellees were on notice as to the appellant’s challenge to the admissibility of the testimony of the experts, which later was stricken

## Opinion text

BELL, Judge,
dissenting.
I agree with the Court of Special Appeals. See Ankney v. Franch, 103 Md.App. 83 , 652 A.2d 1138 (1995). Accordingly, I dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7918842. Public record. Not legal advice.