DaFonte v. Up-Right, Inc.

2 Cal. 4th 593, 828 P.2d 140, 7 Cal. Rptr. 2d 238 (Cal. 1992) · Supreme Court of California · May 4, 1992 · No. S022331

Summary

The California Supreme Court held that Civil Code section 1431.2 limits a third-party tortfeasor's liability for noneconomic damages to that defendant's proportionate share of fault, including when another responsible party is an employer immune from tort liability under workers' compensation law. The court reversed the Court of Appeal and remanded for recalculation of the judgment against Up-Right, Inc., including allocation of the workers' compensation benefit credit.

Holdings

  1. Civil Code section 1431.2 limits a third-party defendant's liability for noneconomic damages to the defendant's proportionate share of total fault, including fault attributable to an employer that is immune from tort liability.
  2. The Court of Appeal judgment must be reversed and the case remanded for recalculation of the judgment against Up-Right consistent with section 1431.2 and the opinion's principles.

Questions Presented

  1. Whether Civil Code section 1431.2 eliminates a third-party tortfeasor's joint and several liability for noneconomic damages attributable to the fault of an injured employee's employer, when the employer is immune from tort suit because of workers' compensation exclusivity.
  2. Whether the judgment should be remanded for recalculation of the workers' compensation benefit credit and the resulting amount owed by Up-Right.

Disposition

reversed_and_remanded

Cases Cited (18)

  • Associated Construction & Engineering Co. v. Workers' Comp. Appeals Bd., 22 Cal. 3d 829, 150 Cal. Rptr. 888, 587 P.2d 684 (1978)(followed)
  • Aceves v. Regal Pale Brewing Co., 24 Cal. 3d 502, 156 Cal. Rptr. 41, 595 P.2d 619 (1979)(followed)
  • American Motorcycle Assn. v. Superior Court, 20 Cal. 3d 578, 146 Cal. Rptr. 182, 578 P.2d 899 (1978)(followed)
  • Ambriz v. Kress, 148 Cal. App. 3d 963, 196 Cal. Rptr. 417 (1983)(cited)
  • Arbaugh v. Procter & Gamble Mfg. Co., 80 Cal. App. 3d 500, 145 Cal. Rptr. 608 (1978)(cited)
  • Brown v. Kelly Broadcasting Co., 48 Cal. 3d 711, 725, 257 Cal. Rptr. 708, 771 P.2d 406 (1989)(followed)
  • Evangelatos v. Superior Court, 44 Cal. 3d 1188, 1196-1198, 1202-1205, 246 Cal. Rptr. 629, 753 P.2d 585 (1988)(followed)
  • In re Halcomb, 21 Cal. 2d 126, 130, 130 P.2d 384 (1942)(followed)
  • In re Lance W., 37 Cal. 3d 873, 886, 210 Cal. Rptr. 631, 694 P.2d 744 (1985)(cited)
  • Kimmel v. Goland, 51 Cal. 3d 202, 208, 271 Cal. Rptr. 191, 793 P.2d 524 (1990)(followed)

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