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Case Name | Quinn v. State of California | |
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Date | 09/10/1975 | |
Note | When an injury involves a negligent third party, the employer should bear his share of litigant's attorney fees due to the equitable principle of apportionment. | |
Citation | 15 Cal.3d 162 | |
WCC Citation | WCC 32121975 CA |
Case no. 23146 THOMAS QUINN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent; INSURANCE COMPANY OF NORTH AMERICA, Claimant and Respondent (In Bank. Plaintiff sued the state, which owned the construction site, alleging its negligence as the proximate cause of his injuries. California courts have long applied this principle of apportionment. Furthermore, we point out below that the Legislature has clearly referred to this general equitable precept in the statute before us. (See Lasky, Subrogation Under the California Workmen's Compensation Laws -- Rules, Remedies and Side [15 Cal. 3d 182] Effects (1972) 12 Santa Clara Law.
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