C.J.L. Construction, Inc. v. Universal Plumbing

Opinion

TURNER P. J.—

I. Introduction

This case presents the question whether a third party defendant which, pursuant to Witt v. Jackson (1961) 57 Cal.2d 57, 72 [17 Cal.Rptr. 369, 366 P.2d 641], seeks to reduce any judgment against it by the amount of workers’ compensation benefits paid to an injured employee, may compel the employer’s participation as a cross-defendant in the employee’s lawsuit. The right to a Witt v. Jackson offset arises when the employee’s injuries were caused by the concurrent negligence of the employer or its agent and the third party. (Ibid.) Given the facts alleged in…