Is a third party tortfeasor liable in a personal injury action against an injured employee?

California, United States of America


The following excerpt is from Chick v. Superior Court In and For City and County of San Francisco, 209 Cal.App.2d 201, 25 Cal.Rptr. 725 (Cal. App. 1962):

Such reasoning is erroneous: First, because it is obvious that since a covered employer is not liable in tort to his injured employee (Lamoreux v. San Diego etc. Ry. Co. (1957) 48 Cal.2d 617, 624-626, 311 P.2d 1), sections 875-880, permitting contribution between judgment joint tortfeasors only, could have no application as between a covered employer and a third party tortfeasor. The employee's remedy is provided [209 Cal.App.2d 204] by the Workmen's Compensation Act; hence he could not recover a judgment in a personal injury action against his employer whether singly or with other tortfeasors.

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