Bennett

The personal representative of an estate recovered a judgment in an action for the decedent’s wrongful death caused by work-induced injuries suffered on a school construction job. Parties to the action were the defendant third party tortfeasors, who were the general contractor and a sub-contractor on the job, and the decedent’s employer and its workmen’s compensation insurance carrier, who had been brought into the action as cross-defendants by one of the defendants. The action was court-tried. Findings and judgment were in favor of plaintiff and against defendants for damages suffered by the heirs less workmen’s compensation benefits paid or payable. The findings and judgment also declared that the employer and its compensation insurance carrier were barred from reimbursement of such workmen’s compensation benefits paid because of the concurrent negligence of the employer. Judgment follows the rule of Witt v. Jackson (1961) 57 Cal.2d 57 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ] Defendant third party tortfeasors did not appeal. Appellants, the employer and the carrier, contend that although the employer was found by the court to be concurrently negligent, the carrier is entitled to…