Roski
Roski v. Superior Court
Opinion
Opinion
Kingsley, J.
Intervener and real party in interest Shaw (hereinafter “Shaw”) was injured on July 13, 1967, when he fell through the ceiling of a building owned by Petitioner Roski and his partners, while Shaw was working thereon as an employee of Virco Manufacturing Company. Virco was insured for workmen’s compensation coverage by Travelers Insurance Company (hereinafter “Travelers”), the other real party in interest herein. Pursuant to its policy with Virco, Travelers made compensation payments to Shaw.
Travelers then filed an action against petitioner and his copartners for reimbursement on the ground of negligence on the part of such defendants which allegedly caused the accident. This action, filed July 3, 1968, was Los Angeles Superior Court case number 935202: Travelers Insurance Company v. Roski, et al. The answers of petitioner and his codefendants were filed on or about August 6, 1968. Settlement negotiations between Travelers and the defendants resulted in the filing by Travelers and the entry of a voluntary dismissal pursuant to Code of Civil Procedure section 581, subdivision 1, in the civil register on March 27, 1970.