Charter Oak Fire Insurance v. Sodexho Marriott

Good Law
478 F. Supp. 2d 1151·2007 WL 781937·2007 U.S. Dist. LEXIS 22565
United States District Court, Northern District of CaliforniaMarch 13, 2007C 02-03894 CRBCalifornia2,626 words

Opinion

Opinion

Breyer, J.

ORDER

Charter Oak' Fire Insurance Company (“Charter Oak”) has paid $444,588.92 to Karen Whyman (“Whyman”) in satisfaction of a claim for workers’ compensation. The question now pending before this Court is whether, for what purpose, and to what extent, this payment may be adduced by Charter Oak as evidence in support of its lawsuit against Sodexho Marriott (“So-dexho”), a third party that allegedly caused Whyman’s injuries.

BACKGROUND

Karen Whyman claims that she was electrocuted by a toaster. Because this accident occurred at a café in an office building where she works, Whyman has obtained $444,588.92 under a workers’ compensation policy issued by Charter Oak. In addition, Whyman initiated this lawsuit against two parties whose, conduct may have led to. her electrocution. These two alleged tortfeasors are: Hamilton Beach, the manufacturer of the toaster, and Sodexho, the company that runs the café where the accident took place. A third potential tortfeasor — Hewlett Packard, which owns the office building where Whyman works — was not named as a defendant in the case.

Charter Oak also brought a claim against these two alleged tortfeasors. The basis for the insurer’s claim was…

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