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Case Name | Canton Poultry v. Stockwell, Harris, et. al. | |
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Date | 06/05/2003 | |
Note | Defense attorney owes duty to carrier, not employer, after carrier assumes liability. | |
Citation | 109 Cal.App.4th 1219 | |
WCC Citation | WCC 29392003 CA |
CANTON POULTRY & DELI, INC. , etc. , et al. , Plaintiffs and Appellants, v. STOCKWELL, HARRIS, WIDOM & WOOLVERTON, et al. , Defendants and Respondents. OPINION ALDRICH, J. - Plaintiff Canton Poultry & Deli, Inc. ("Canton Poultry"), and two of its officers, Shiu Lit Kwan and Cho Wah Kwan (collectively with Canton Poultry, "plaintiffs"), appeal from an order of dismissal entered after a demurrer was sustained to their complaint without leave to amend. We hold that when Canton Poultry was dismissed from the workers' compensation case by operation of law, whatever duties Stockwell had to Canton Poultry ended at that point in time, absent facts to conclude otherwise; here, no such extenuating facts were alleged in plaintiffs' complaint. Additionally, defending the civil suit required the Kwan plaintiffs to spend time on the civil suit and deprived plaintiff Canton Poultry of their services. Thus, Canton Poultry suffered damages in excess of $20,000 because no global settlement was made.
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