DIFKO ADMIN. (US) INC. v. SUPERIOR COURT

Docket No. E013859.

24 Cal.App.4th 126 (1994)

29 Cal. Rptr.2d 291

DIFKO ADMINISTRATION (US) INC., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; WESTINGHOUSE ELECTRIC CORP. et al., Real Parties in Interest.

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

April 14, 1994.


Attorney(s) appearing for the Case

COUNSEL

Bruggeman, Smith & Peckham and Harry C. Carpelan for Petitioner.

No appearance for Respondent.

Thompson & Colegate and Franklin K.P. Moore for Real Parties in Interest.


OPINION

TIMLIN, J.

(1a) In this matter we are called upon to decide a simple issue: when an injured employee sues a third party defendant (defendant), not his employer, in tort, and the defendant wishes to raise the employer's concurrent negligence as the basis for an offset against any judgment against it, may the defendant file a cross-complaint against the employer alleging...

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