Hernandez

Hernandez v. Badger Construction Equipment Co.

Good Law
1994 Cal. App. LEXIS 1044·28 Cal. App. 4th 1791·34 Cal. Rptr. 2d 732·94 Daily Journal DAR 14477·59 Cal. Comp. Cases 705
Court of Appeal of CaliforniaOctober 13, 1994D017758California14,915 words

Opinion

Opinion

Kremer, J.

Plaintiffs Jesus Hernandez and his wife Mary Hernandez appeal a judgment on their third amended complaint against defendants Carde Pacific Corporation (Carde) and Badger Construction Equipment Company (Badger) for damages for personal injury arising from Employee’s on-the-job injury on the premises of his employer National Steel and Shipbuilding Company (NASSCO). Plaintiffs contend the court erred in reducing their noneconomic damages awards by 55 percent, representing the percentage of fault attributed to employer NASSCO. Plaintiffs also contend the court erred in determining defendants’ liability for their noneconomic damages to be several rather than joint and several. We affirm the portions of the judgment challenged by plaintiffs.

Intervener NASSCO appeals the portion of the judgment declaring Carde was required to be named as an additional insured under NASSCO’s general liability policy. Seeking reversal of that part of the judgment, NASSCO contends it named Carde as an additional insured only because of the mistaken belief—induced and fostered by Carde—that NASSCO was obligated to do so. We affirm the portion of the judgment challenged by NASSCO.

Defendant Carde…

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