Legal Opinion
Noe v. Travelers Insurance
California Court of Appeal
Decided August 10, 1959No. Civ. 18264PublishedCited by 42 opinions
1Opinion of the CourtTobriner, J.
Appellant’s suit against her employer’s
insurance carrier for negligent delay in providing, and wanton misconduct in refusing, medical care raises the question whether such a liability can withstand the exclusive sweep of the Workmen’s Compensation Act. As we explain in this opinion, we do not think it can.
The case comes to us upon the sustaining of a demurrer, without leave to amend, to a two-count complaint; we therefore accept as true the pleaded facts. Count One alleges that appellant on July 19, 1955, in the course of her employment with National Automotive Fibers, Inc., injured her back.…
2Cases cited14 opinions
- Duprey v. ShaneCalifornia Supreme Court · 1952
- Pacific Coast Casualty Co. v. PillsburyCalifornia Supreme Court · 1915
- Flies v. Fox Brothers Buick Co.Wisconsin Supreme Court · 1928
- Union Iron Works v. Industrial Accident CommisionCalifornia Supreme Court · 1922
- Fitzpatrick v. Fidelity & Casualty Co. of New YorkCalifornia Supreme Court · 1936
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985
- Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
- Johns-Manville Products Corp. v. Superior CourtCalifornia Supreme Court · 1980
- Southern Farm Bureau Cas. Ins. v. HollandMississippi Supreme Court · 1984
- Douglas v. E. & J. GALLO WINERYCalifornia Court of Appeal · 1977
37 more not listed; retrieve them via the Exa API.