Pitcher

Pitcher v. Kniss

Good Law
10 Cal. App. 3d 931·1970 Cal. App. LEXIS 1904·89 Cal. Rptr. 676
Court of Appeal of CaliforniaAugust 28, 1970Civ. No. 9779California4,398 words

Opinion

Lead Opinion

Whelandefendants, J.

*934 Opinion

Herman Kniss (Kniss), H. A. Lavezzi Company, Inc. (Lavezzi), and Cuchna Leasing Company, Inc. (Cuchna) appeal from a judgment' in favor of Leroy D. Pitcher (plaintiff). City of San Diego (City), San Diego Employees Retirement System, and State Compensation Insurance Fund (Fund) appeal from the judgment denying reimbursement to City and Fund of benefits, medical cost and compensation, paid by City and Fund, City’s compensation carrier, to and for plaintiff, an employee of City, injured in the course of his employment.

Plaintiff’s action was to recover for personal injuries sustained when his police patrol vehicle, while maintaining radar traffic surveillance, was struck from behind by a vehicle owned by Cuchna and driven by Kniss in the course and within the scope of his employment with Lavezzi.

Kniss, Cuchna and Lavezzi cross-complained against City, alleging that City and Fund were precluded from being reimbursed for paid compensation and medical benefits because City was negligent in that City failed to provide plaintiff with safe working conditions and a safe place to work; and in negligently supervising and directing plaintiff, thereby contributing to his…

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