California Court of Appeal

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Sanchez v. Brooke, B224835

In a suit against the estate of a home health care patient stemming from her caregiver's injuries sustained in an attempt to rescue the patient from a fire caused by the patient's smoking in bed: 1) judgment in favor of the plaintiff is reversed in part as to the amount of damages, where the plaintiff's employer was required under the workers' compensation laws to pay, and did pay in full the employee's medical expenses, so the employee could not recover medical fees that the provider was precluded from collecting from the employer; and 2) the plaintiff's motion for judgment notwithstanding the verdict was properly denied, as the record contained substantial evidence to support the finding that her employer was comparatively negligent.

Appellate Information

  • Decided 03/08/2012
  • Published 03/08/2012

Judges

  • Suzukawa

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Steven B. Stevens, Calendo, Puckett, Sheedy & Dicorrado