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Case Name | Scalice v. Perf. Cleaning Sys. | |
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Date | 10/24/1996 | |
Note | Defining 'serious and willful misconduct.' | |
Citation | 50 Cal.App.4th 221 | |
WCC Citation | WCC 23981996 CA |
WILLIAM SCALICE, Plaintiff and Appellant, v. PERFORMANCE CLEANING SYSTEMS, Defendant and Respondent. OPINION DOSSEE, J. William Scalice obtained a judgment against Performance Cleaning Systems for injuries caused by a fall at work on a slippery floor which Performance had maintained. The principal issue on appeal is the appropriate method of crediting workers' compensation payments against Performance's liability to Scalice under Proposition 51 (Civ. Performance answered the complaint, and affirmatively alleged negligence by Scalice and his employer, Safeway, and requested a credit against the verdict for sums Scalice had received as workers' compensation benefits. Scalice was found to be 0 percent [50 Cal. App. 4th 225] negligent, Safeway was 30 percent negligent, and Performance was 70 percent negligent.
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