E. B. Wills Co. v. Superior Court

This proceeding presents a single issue: Under the comparative negligence doctrine adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 ], may a defendant in an action for personal injuries instituted by an injured employee obtain contribution from the employer for that portion of the damages awarded to the employee which is in direct proportion to the amount of the employer’s negligence?

Petitioner is the employer of Fred O. Bethel who was injured in the course and scope of his employment. Real parties are defendants in Merced County Superior Court action No. 41685 which was instituted by Bethel to recover damages for his personal injuries; his complaint alleged that the injuries were caused by the negligence of real parties.

Petitioner has petitioned this court for a writ of mandate to compel the Merced County Superior Court to vacate its order overruling petitioner’s. demurrer to real parties’ cross-complaint and to sustain petitioner’s demurrer without leave to amend; the cross-complaint named petitioner as cross-defendant and alleged, in substance, that petitioner’s negligence caused or contributed…