Can a third party defendant defend against an employee's action on the basis of contributory negligence?
MultiRegion, United States of America
The following excerpt is from Montgomery v. United States, CASE NO. 09-CV-1588 JLS (WVG) (S.D. Cal. 2012):
7. In Witt v. Jackson, 366 P.2d 641 (1961), the court found a contributorily negligent employer was barred from participating in recovery against a third party, establishing that a third party defendant may defend against an employee's action on the basis of employer negligence, which would bar the carrier's lien. See also Assoc. Const. & Eng., 587 P.2d at 695 (updating Witt v. Jackson to reflect principles of comparative negligence and allow partial recovery.)
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