COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA No. D044470 May 25, 2006 WILLIAM THOMAS ET AL. , PLAINTIFFS AND APPELLANTS, v. DUGGINS CONSTRUCTION COMPANY, INC. , ET AL. William Thomas and Woodrow C. Taylor (the plaintiffs) sued Duggins Construction Company, Inc. (Duggins) and certain of its employees for injuries they sustained when the scissor lift it sold to their employer collapsed on a construction job site. Thereafter, the court rejected Duggins' arguments that its liability for the plaintiffs' non-economic damages was subject to apportionment in accordance with Proposition 51 and entered a judgment against Duggins for the entirety of the plaintiffs' damages. After Duggins answered, the plaintiffs amended their complaint to name as defendants Duggins employees or agents James Duggins, Russel Roben, Scott Dhalliwal and Doug Calhoun and to add claims for fraud, deceit, willful misconduct and punitive damages. Duggins did not accept either of the offers, which made no reference to the plaintiffs' claims against Duggins' employees or Fremont's claim for reimbursement of worker's compensation payments.

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