Calif. 4th: Non-economic Damages Not Apportionable

The Fourth Appellate District of California, in a workers' compensation subrogation-related action, ruled that an intentional tortfeasor is not entitled to apporionment of non-economic damages under Prop 51.In Thomas v. Duggins Construction Company, (05/25/06 - No. D044470) electrical contractor Greg Bentley Electric (Bentley) purchased a used scissor lift for use in its electrical business from Duggins for $2,000. Two days later, the plaintiffs, Bentley employees, were seriously injured when the platform of the lift became uncentered while being raised, causing the lift to tip over and the pl...