Legal Opinion

Fairmont Insurance v. Frank

California Court of Appeal

Decided February 2, 1996No. G014805PublishedCited by 1 opinion

1Opinion of the Court

Opinion

RYLAARSDAM, J.

May plaintiff intervene in his workers’ compensation carrier’s action, which was filed separately, after his own action was dismissed for failure to diligently prosecute? We hold he may not.

Statement of Facts

Plaintiff and appellant Ronald K. Phelps (Phelps) was involved in a motor vehicle accident with Richard Frank (Frank) while in the course and scope of plaintiff’s employment. He received compensation for his injuries from Fairmont Insurance Company (Fairmont), his employer’s compensation carrier.

In January 1989, Fairmont filed a complaint for subrogation against…

2Cases cited6 opinions

  1. County of San Diego v. Sanfax Corp.California Supreme Court · 1977
  2. State Compensation Insurance Fund v. Selma Trailer & Manufacturing Co.California Court of Appeal · 1989
  3. Jordan v. Superior CourtCalifornia Court of Appeal · 1981
  4. Bishop v. SilvaCalifornia Court of Appeal · 1991
  5. Buell v. CBS, INC.California Court of Appeal · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Zenith Ins. Co. v. Bunn-O-Matic CA4/2California Court of Appeal · 2016

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