How is liability imputed to a third party lessor in a workers' compensation action?
California, United States of America
The following excerpt is from Bell v. Industrial Vangas, Inc., 179 Cal.Rptr. 30, 30 Cal.3d 268 (Cal. 1981):
In 1944, this court in Baugh v. Rogers, 24 Cal.2d 200, 213, 214, 148 P.2d 633, held an employer's (driver-lessee of an auto) negligence was to be imputed to the third party lessor in a suit by an employee injured in the scope of employment. The negligent employer-driver's liability for workers' compensation did not bar recovery from the third party by the injured employee. This court reasoned:
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