Aetna Casualty & Surety Co. v. SUPERIOR COURT OF ORANGE CTY.
Opinion
Opinion
Moore, J.
Joan Marselle was injured on May 26, 1987, when she slipped and fell while walking from her place of employment to her car, which was parked in an adjacent parking lot. She brought an action for personal injuries against Richard H. Meyers, Sr., and Marilyn Meyers , who had an ownership interest in the parking lot. Aetna Casualty and Surety Company, the workers’ compensation insurer of Marselle’s employer, paid medical and disability benefits to Marselle and on October 26, 1989, filed a notice of lien in Marselle’s lawsuit against third parties. To date the amount claimed totals $84,812.67. On June 14, 1990, Marselle amended her complaint against third parties to add Kmart Corporation as Doe 4. In its answer, Kmart alleged negligence against Marselle’s employer and co-employees. On April 17, 1991, Kmart served a copy of its answer on Aetna.
At all times Aetna was given notice of court conferences and hearings as well as the date for trial. Aetna did not participate in or make any court appearances.
No settlement was reached at the mandatory settlement conference of December 18, 1991. However, as of January 3, 1992, the Friday before the trial date of January 6, 1992,…