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BREESE v. PRICE

Docket No. L.A. 31368.

29 Cal.3d 923 (1981)

633 P.2d 987

176 Cal. Rptr. 791

ROBERT K. BREESE, Plaintiff, v. RIKKI PRICE, Defendant and Appellant; ARGONAUT INSURANCE COMPANY, Intervener and Respondent.

Supreme Court of California.

September 17, 1981.

Attorney(s) appearing for the Case

COUNSEL

Kennett M. Patrick, Gilbert, Kelly, Crowley & Jennett, Patrick A. Mesisca, Jr., and Clifford H. Woosley for Defendant and Appellant.

Bodkin, McCarthy, Sargent & Smith, R. Scott Johnson, Gordon F. Sausser and Eileen L. McGeever for Intervener and Respondent.

OPINION

THE COURT.*

(1a) In a third party action for personal injuries, is a workers' compensation insurance carrier entitled to obtain from the defendant reimbursement for the full amount paid to the plaintiff-employee in settlement of the employee's workers' compensation claim, absent proof that the defendant's tort liability is equal to or greater than the amount of the settlement? We will...

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