Brandler v. Manuel Trevizo Hay Co.

OPINION

EUBANK, Judge.

Walter S. Brandler and Liberty Mutual Insurance Company, plaintiffs-appellants, appeal from a summary judgment granted appellees dismissing their complaint in negligence for personal injuries on the basis that California’s statute of limitation for personal injury requires all third-party tort actions to be filed within one year after such rights accrue.

We conclude that the superior court should have applied Arizona’s two-year statute of limitation, instead of California’s one-year statute of limitation, to an employee’s third-party claim for his work-related injuries and…