Garcia

Procedural History

On October 1,1990, plaintiffs Gerald Garcia, Jr., and Laura Garcia filed a complaint against defendant/respondent Hyster Company. The complaint charged that, while operating an “order picker” designed and manufactured by Hyster Company, Gerald Garcia was crushed between the order picker and a cross-beam. The complaint sought damages for Gerald Garcia’s physical and mental injuries and medical expenses, his lost earnings, and Laura Garcia’s loss of consortium.

Hyster Company answered with a general denial and various affirmative defenses, among which were the allegations that Gerald Garcia’s employer, North American Phillips Lighting Corporation, had workers’ compensation insurance and that said insurance had “expended certain sums” toward Gerald Garcia’s medical care and disability payments. Consequently, Hyster Company sought a reduction of any damages awarded by the amount of medical care, treatment, and disability payments made by the workers’ compensation carrier.

On the same day it answered the complaint, Hyster Company cross-complained against North American Phillips Lighting Corporation, again seeking a setoff against any award on the…