California Court of Appeal

In case arising from injury to eye from discharge of nail gun by coemployee, judgment of dismissal for intervenor worker's compensation insurer's failure to bring its complaint-in-intervention to trial within the five-year statutory period is affirmed over claim that the five-year limitation period did not bar intervenor's action as the impracticability exception, based on court congestion, tolled the five-year limitation period.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Laughlin, Falbo, Levy & Moresi and Kermit N. Sprang, Anaheim, for Intervenor and Appellant.


• For Appellees:
  
• Ault, Schonfeld, Jordan & Munro and Jeffrey L. Ebright, San Diego, for Defendants and Respondents MR Development, Inc. dba A & M Construction and Juan Gabrial Fernandez., Lee, Bazzo, & Nishi, Ted M. Lee and Allison M. Hunt for Defendant and Respondent D and G Plumbing.