Fischl
Fischl v. Paller & Goldstein
Opinion
Opinion
White, J.
In this case, we hold an employer does not have a cause of action to recover damages for increased workers’ compensation insurance premiums and lost profits incurred as a result of negligent injury to its employee.
I
Facts
Employees of respondent Paller & Goldstein negligently injured appellant Hester Dry wall’s employee, Harold Fischl, while they were working together at a construction site. After Fischl sued respondent for personal injury, appellant filed a complaint in intervention against respondent to recover certain costs it had incurred because of the accident. In particular, appellant alleged its workers’ compensation premiums had increased by more than $55,000 due to the accident, and, because of the increased insurance cost, it had suffered lost profits of more than $224,000. Appellant sought recovery from respondent for current and future increases in its workers’ compensation insurance premiums and for lost profits. The trial court sustained respondent’s demurrer to appellant’s complaint in intervention, without leave to amend. Appellant filed a timely appeal from the ensuing judgment. We affirm.