California Court of Appeal

In the context of workers- compensation and an employer-s subrogation action against an alleged third-party tortfeasor, when an employer fails to adequately notify its employee of its subrogation lawsuit and proposed settlement involving the alleged third-party tortfeasor and fails to obtain the employee-s consent to the settlement of that suit, and when the settling alleged third-party tortfeasor, prior to settlement, was or reasonably should have been aware of the possibility of the employee-s claim for damages against the tortfeasor, the alleged tortfeasor cannot use the mere settlement and dismissal of the employer-s subrogation action to bar the employee from maintaining their own action for damages against the alleged tortfeasor.

Appellate Information

• Decided 04/18/2007
• Published 04/18/2007

Judges

• DAVIS, J.

Court

• California Court of Appeal

Counsel

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


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