Does an employee have a legal right to sue their employer for contributory negligence?
California, United States of America
The following excerpt is from Carden v. Otto, 112 Cal.Rptr. 749, 37 Cal.App.3d 887 (Cal. App. 1974):
In litigating the issue of the employer's contributory negligence the employee does not represent the same 'legal right' as the employer. As was stated in Brown v. Superior Court, Supra, at page 433, 90 Cal.Rptr. at page 741, 476 P.2d at page 109, '(T)he employee thus lacks such mutuality of interest in that issue as might be helpful to the employer.'
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