McKINNON v. OTIS ELEVATOR CO.

No. C051752.

57 Cal.Rptr.3d 723 (2007)

149 Cal.App.4th 1125

Deborah McKINNON, Plaintiff and Appellant, v. OTIS ELEVATOR COMPANY, Defendant and Respondent.

Court of Appeal of California, Third District.

April 18, 2007.


Attorney(s) appearing for the Case

Vantassell, Fornasero & Wagstaffe and Paul J. Wagstaffe, Sacramento, for Plaintiff and Appellant.

Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Clinton S. Hein, Oakland, Julie P. Farrah, San Francisco, for Defendant and Respondent.


DAVIS, J.

In this matter involving workers' compensation and an employer's subrogation action against an alleged third-party tortfeasor, we construe the employer/employee notice and consent obligations of Labor Code sections 3853, 3859 and 3860, subdivision (a).1

We conclude that when an employer fails to adequately notify its employee of its subrogation lawsuit and proposed settlement involving the alleged third-party tortfeasor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases