GAROFALO v. PRINCESS CRUISES, INC.

No. B127126.

102 Cal.Rptr.2d 754 (2000)

85 Cal.App.4th 1060

Frank GAROFALO, Plaintiff, v. PRINCESS CRUISES, INC., Defendant and Respondent; Southern California Permanente Medical Group, Intervener and Appellant.

Court of Appeals of California, Second District, Division Three.

December 29, 2000.


Attorney(s) appearing for the Case

Grancell, Lebovitz, Stander, Marx and Barnes and David W. Allor, Los Angeles, for Intervener and Appellant.

Kaye, Rose & Partners, Lawrence W. Kaye, San Diego, and Elsa M. Ward, Los Angeles, for Defendant and Respondent.


KITCHING, J.

This case presents a novel issue arising from the intersection of the Death on the High Seas Act ("DOHSA"), 46 United States Code appendix section 761 et seq., and the California workers' compensation law. The question is whether DOHSA preempts an employer's state law claim in a subrogation action to recover from a third party tortfeasor sums the employer was obligated to pay for an employee's injury....

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