Docket Nos. 11623, 11800.

264 Cal.App.2d 451 (1968)

70 Cal. Rptr. 710

ALICE L. AZEVEDO, Plaintiff and Appellant, v. RUTH ABEL, as Executrix, etc., Defendant and Respondent. PACIFIC INDEMNITY COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALICE L. AZEVEDO et al., Respondents. (Consolidated Cases.)

Court of Appeals of California, Third District.

July 26, 1968.

Attorney(s) appearing for the Case

Eugene C. Treaster for Plaintiff and Appellant in No. 11623, (a Respondent in No. 11800).

White, Harber, Fort & Schei and Gene E. Pendergast, Jr., for Defendant and Respondent in No. 11623.

Hanna & Brophy and F. Clinton Murphy for Petitioner in No. 11800.

Everett Corten, Rupert Pedrin and Van Gelder, Sypnicki & McClarrinon for Respondents in No. 11800.


Alice Azevedo, employee in a retail dress shop, was injured when Abel, her angry employer, kneed her in the sacrococcyx area. Occurrence of the injury in the course of her employment is undisputed. She first filed a claim for workmen's compensation benefits, then commenced a lawsuit in the superior court seeking compensatory and punitive damages. Later the employer died. His compensation carrier, Pacific...


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