BURLINGTON NORTHERN R.R. CO. v. SUPERIOR COURT

Docket No. A018202.

137 Cal.App.3d 942 (1982)

187 Cal. Rptr. 376

BURLINGTON NORTHERN RAILROAD COMPANY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; JAMES R. NOYES et al., Real Parties in Interest.

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

December 3, 1982.


Attorney(s) appearing for the Case

COUNSEL

Peter W. Davis, John A. Reding, James C. Martin and Crosby, Heafey, Roach & May for Petitioner.

Overton, Lyman & Prince, Roger E. Hawkins and J. Douglas Post as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Bernard C. Kearns, Stephen M. Bickford, Paul N. Cyril, Elliot L. Bien, Bronson, Bronson & McKinnon, Walkup, Downing, Shelby, Bastian, Melodia, Kelly & O'Reilly, Bruce Walkup and Daniel J. Kelly for Real Parties in Interest.

McCutchen, Doyle, Brown & Enersen, David M. Heilbrown, Charles A. Ferguson, Long & Levit, Girard Fisher and Fred J. Marcus as Amici Curiae on behalf of Respondent and Real Parties in Interest.


OPINION

NEWSOM, J.

Petitioner Burlington Northern Railroad Company is the defendant below in a personal injury action brought by James R. Noyes, a Burlington employee who was injured while off-duty but in the course of his employment. Petitioner seeks a peremptory writ of mandate or prohibition directing the court below to vacate its decision finding the settlement between Burlington and Noyes was not made in good faith. We grant...

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