Del Monte Corp. v. Superior Court

This petition for writ of mandate by Del Monte Corporation, the employer of an injured worker, challenges the overruling of its demurrer to the cross-complaint of a third party defendant. The cross-complaint seeks to reduce any award to plaintiff by the amount of workers’ compensation benefits provided by petitioner. Petitioner has not sought reimbursement for compensation benefits and objects to being brought into a suit between the employee and third party defendant.

The underlying complaint alleges that plaintiff Peter Dumlao injured his left arm while working at petitioner Del Monte’s Oakland facility and using an offset printing press manufactured by Rockwell International. Rockwell is named as defendant and is sued on a products liability theory. On April 23, 1981, with permission of the court, Rockwell cross-complained against petitioner, alleging that the accident was caused by petitioner’s negligence in failing to provide a safe place of employment and proper supervision. The cross-complaint alleged that petitioner had provided workers’ compensation benefits to Dumlao and that in the event of a judgment against Rockwell, the judgment should be reduced by the…