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KEMERER v. CHALLENGE MILK CO.

Docket No. 18709.

105 Cal.App.3d 334 (1980)

164 Cal. Rptr. 397

ETHEL KEMERER, Plaintiff, v. CHALLENGE MILK COMPANY et al., Defendants and Appellants; STATE COMPENSATION INSURANCE FUND et al., Interveners and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 30, 1980.

Attorney(s) appearing for the Case

COUNSEL

Nickoloff & Distel and Thomas O. Nickoloff for Defendants and Appellants.

T. Groezinger, James J. Vonk, Arthur Hershenson, George S. Bjornsen, Louis L. Fayne and Steven A. Helfend for Interveners and Respondents.

OPINION

WIENER, J.

Defendants Challenge Milk Company and Lyle Giarde appeal from a judgment reimbursing plaintiffs-in-intervention State Compensation Insurance Fund and San Diego Unified School District workers' compensation benefits paid to plaintiff Ethel Kemerer arising from an industrial accident. We are asked to decide whether the employee's negligence should be imputed to her...

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