Decker v. S. H. Kress Co.

Plaintiff Kurtz Decker brought an action to recover damages for personal injuries received as the result of a fall in defendant’s store. Pacific Indemnity Company intervened to recover workmen’s compensation benefits paid to plaintiff. Judgment was entered on a jury verdict in favor of plaintiff for $50,000 out of which plaintiff in intervention was granted recovery by way of reimbursement in the sum of $12,882.53. Defendant appeals.

Appellant operated a department store in San Francisco. Respondent started work in the store on September 24, 1953, as a demonstrator for Shontex products and…