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MENDENHALL v. CURTIS

Docket No. 20361.

102 Cal.App.3d 786 (1980)

162 Cal. Rptr. 569

DONALD MENDENHALL, Plaintiff, v. DWIGHT CURTIS, Defendant and Appellant; COUNTY OF ORANGE, Intervener and Respondent.

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

February 26, 1980.

Attorney(s) appearing for the Case

COUNSEL

Garrett & Dimino, Kenneth R. Garrett and Boyd F. Jensen II for Defendant and Appellant.

No appearance for Plaintiff.

Kegel & Tobin, C. John Reiner and Charles H. Carpenter for Intervener and Respondent.

OPINION

TAMURA, Acting P.J.

(1a) The question presented by this appeal is whether an employer who intervened in an employee's third party action for personal injuries allegedly sustained in an automobile accident was entitled to recover workers' compensation benefits paid to the employee despite the jury's finding that defendant's negligence was not the proximate cause of any injury to the employee.

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