In a medical malpractice action, is a third party defendant liable to the employer for negligence?

In Kemerer v. Challenge Milk Co. (1980) 105 Cal.App.3d 334, 164 Cal.Rptr. 397 the reviewing court again refused to impute the negligence attributable to the employee to the employer in calculating the latter's reimbursement entitlement. In the lower court verdict the jury found both the employee and the third party defendant partially negligent and the employer free of fault. The third party defendant attempted to reduce the amount of reimbursement due the employer by the 30 percent negligence of the employee. The appellate court refused to adopt the formula suggested by

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