Continental Casualty Co. v. Superior Court

Opinion

BRAUER, J.

Continental Casualty Company (Continental), the workers’ compensation carrier here, seeks a writ of mandate to compel the trial court to sustain its demurrer to the complaint of real party/plaintiff Morales, an injured employee, who sues Continental for (1) negligent failure to make sure the employer preserved a defective ladder as evidence in Morales’ third party product liability lawsuit and (2) negligent failure to notify Morales of the facts giving rise to third party liability in time for him to have acted to preserve the evidence.

We agree with Continental that the…