SUMMERS v. NEWMAN

No. S061421.

86 Cal.Rptr.2d 303 (1999)

978 P.2d 1225

20 Cal.4th 1021

Rick B. SUMMERS et al., Plaintiffs and Appellants, v. Herbert F. NEWMAN et al., Defendants; A. Teichert & Son, Inc., Intervener and Respondent.

Supreme Court of California.

July 8, 1999.


Attorney(s) appearing for the Case

McKinley & Smith, William C. McKinley, Timothy M. Smith and Evan Eickmeyer, Sacramento, for Plaintiffs and Appellants.

Barkett, Gumpert & Reiner and Franklin G. Gumpert, Sacramento, for Intervener and Respondent.

Thomas, Salter & Lyding and Mark A. Carter for Workers' Compensation Defense Attorneys Association as Amicus Curiae on behalf of Intervener and Respondent.


KENNARD, J.

Under the Workers' Compensation Act (Lab.Code, § 3200 et seq.; all further undesignated statutory references are to this code), when an employee is injured on the job through the fault of someone other than the employer, the employee may both obtain workers' compensation benefits from the employer and recover personal injury damages from the third party. (§ 3852.) If the employee brings a tort ...

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