Fabian

Plaintiff appeals from judgment of dismissal based on order sustaining demurrer without leave to amend.

Question Presented.

Is an action by a workmen’s compensation carrier against a third party tortfeasor for its own damages governed by the one-year statute of limitations of section 340, subdivision 3, Code of Civil Procedure, or the three-year statute of limitations of section 338, subdivision 1, Code of Civil Procedure ?

Record.

Plaintiff Liberty Mutual Insurance Company is the workmen’s compensation carrier for United Parcel Service. Plaintiff’s complaint alleges that as a result of defendant Fabian’s negligence, it was compelled to pay to one Cirimele, an employee^of United Parcel Service certain workmen’s compensation benefits.

The accident took place December 10, 1959. This action was filed May 9, 1961. Defendant demurred to the complaint on the ground that the cause of action was barred by section 340, subdivision 3, of the Code of Civil Procedure. The demurrer was sustained without leave to amend. Plaintiff’s motion for reconsideration of the demurrer was denied. Judgment of dismissal was then entered.

Which Statute op Limitations Applies?

Section 340, subdivision…