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Case Name Koscki v. Herbert
Date 10/12/2007
Note [Unpublished] It is reasonably probable that the claimant could have have cured the defect in her complaint through amendment.
Citation F051098
WCC Citation WCC 32662007 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT LAURA C. KOSCKI, Plaintiff and Appellant, v. GERALD HENRY HERBERT et al. , Defendants and Respondents. -ooOoo- Laura C. Koscki was seriously injured when her coworker, Gerald Henry Herbert, negligently operated a tractor-trailer rig, causing it to leave the roadway. Koscki sued Herbert and their employer, Consolidated Freightways Corporation (Consolidated), for her injuries. Herbert requested the trial court take judicial notice of these documents to establish that Koscki had filed a workers' compensation claim. Koscki admitted in her moving papers that her injuries arose out of her employment and that Herbert was her coemployee.

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