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Case Name | Hernandez v. DeGroot & Sons | |
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Date | 11/28/2007 | |
Note | [Unpublished] Where there is a tenable claim of concurrent negligence, the consideration that an injured worker has workers' compensation coverage is no bar to recovery from the concurrent tortfeasor. | |
Citation | C051254 | |
WCC Citation | WCC 32812007 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ENRIQUE HERNANDEZ et al. , Plaintiffs and Respondents, v. C. DEGROOT & SONS, Defendant and Appellant. Ct. No. CV017461) ENRIQUE HERNANDEZ, Plaintiff and Appellant, v. C. DEGROOT & SONS, Defendant and Respondent. He and his wife Maria sued his employer's landlord, C. DeGroot & Sons, a general partnership (the Landlord). FACTUAL AND PROCEDURAL BACKGROUND The Landlord, a general partnership of Jerry DeGroot (DeGroot) and his three brothers, owned a cheese making facility on 20 acres or so in Manteca. "If you decide, one, that C. DeGroot & Sons [(the Landlord)] violated this law and, two, that the violation was a substantial factor in bringing about the harm, then you must find .
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