Patterson

Patterson v. Sharp

Good Law
10 Cal. App. 3d 990·1970 Cal. App. LEXIS 1909·89 Cal. Rptr. 396·35 Cal. Comp. Cases 761
Court of Appeal of CaliforniaAugust 31, 1970Civ. 26200California4,734 words

Opinion

Opinion

Rattigan, J.

the entry of judgment upon a jury verdict in this wrongful death action, the trial court entered a second judgment purporting to adjust the rights and obligations of plaintiff, of defendant (a third party tortfeasor), and of the decedent’s employer’s workmen’s compensation insurance carrier (who had intervened in the action as a party plaintiff). Plaintiff and the insurance carrier appeal, separately, from the second judgment. The record shows the following facts:

Albert Patterson, while on the job on April 15, 1965, received an injury which caused his death on July 18 of the same year. The injury having been covered by the Workmen’s Compensation Act (Lab. Code, div. 4 [commencing with § 3201]) and insured against by his employer in compliance therewith, an appropriate workmen’s compensation proceeding was commenced. In March, 1967, this proceeding resulted in an award of the following benefits payable by the decedent’s employer’s workmen’s compensation insurance carrier: (1) a death benefit in the amount of $17,500, payable to the widow from and after July 18, 1965, at the rate of $70 per week (less her attorney’s fees, fixed in the award at $850), (2) “[b]urial…

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