Engle

Mary L. Engle (plaintiff) appeals from that portion of the judgment entered on August 7, 1990, reducing the amount of the jury award in her favor by the amount of workers’ compensation benefits paid on her behalf.

As we conclude that a plaintiff’s personal injury award is properly reduced by (1) the amount of any sums received from a settling defendant and, (2) under Witt v. Jackson (1961) 57 Cal.2d 57 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ] and its progeny, the amount of any workers’ compensation benefits received from a concurrently negligent employer (up to the amount of the employer’s proportionate share of liability), we affirm the judgment. This result is unaffected by the fact that the injured plaintiff may have acquired, by assigment, a lien for the compensation benefits on which the Witt v. Jackson offset defense is based.

Procedural and Factual Statement

On June 26, 1986, plaintiff filed a complaint against defendants Coast Elevator Company (Coast) and Dr. Harold Endlich (Endlich) for recovery of damages for personal injuries allegedly sustained on July 1, 1985. The first cause of action for negligence was directed against Endlich. It alleged that he was aware…