TATE v. SUPERIOR COURT OF LOS ANGELES COUNTY

Docket No. 26836.

213 Cal.App.2d 238 (1963)

28 Cal. Rptr. 548

WENDELL D. TATE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; NICHOLAS T. LEVATO, Real Party in Interest.

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

February 20, 1963.


Attorney(s) appearing for the Case

Jarrett & Morgan, Frank W. Woodhead, Chase, Rotchford, Downen & Drukker, Richard L. Berger and Henry F. Walker for Petitioners.

Harold W. Kennedy, County Counsel, Donald K. Byrne and John J. Collins, Deputy County Counsel, for Respondent.

Arthur Garrett, T. Groezinger, Loton Wells, Edwin J. Dubiel, Arthur Hershenson and Arthur Katz for Real Party in Interest.


FILES, J.

This proceeding involves the application of the principle of Witt v. Jackson, 57 Cal.2d 57 [17 Cal.Rptr. 369, 366 P.2d 641], to a personal injury action which was at issue before that case was decided. A plaintiff, who has received compensation from his employer, has brought a common...

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