Tate v. Superior Court

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-law negligence action against three other parties. These defendants now desire to plead that the employer was also negligent, attempting thereby to bar such portion of the plaintiff’s recovery as would be applied to the benefit of the employer.

The facts before this court, as set forth in the petition and the…