Fuller

In this personal injury action, the jury returned a verdict for plaintiff. The specific contention on appeal is that the trial court erred in reducing the monetary amount of the jury verdict by an amount paid to plaintiff as workmen’s compensation. The parties have stipulated to a written agreed statement of facts for the purposes of this appeal, which we here substantially set forth hereinafter.

Agreed Facts

1. Plaintiff was injured in an airplane crash on July 22, 1969, while in the course and scope of his employment with Farm Air, Inc., a California corporation.

2. At the time of the injury, plaintiff’s direct superior was defendant Jack Rich, who was then president of Farm Air, Inc.

3. Prior to the injury, the airplane had been inspected for defects by defendant Fred Pierini, who was then acting in the course and scope of his employment for defendant Capitol Sky Park.

4. Plaintiff sued defendant Rich on the theory that Rich evinced a reckless disregard for plaintiff’s safety and a calculated and conscious willingness to permit injury or death to occur to him. In the same action plaintiff also sued defendants Pierini and Capitol Sky Park on the theory of negligent…