California, United States of America
The following excerpt is from LaBorde v. McKesson & Robbins, Inc., 264 Cal.App.2d 363, 70 Cal.Rptr. 726 (Cal. App. 1968):
Secondly, the compromise was not a complete settlement of the litigation. It did not cover all of plaintiff's damages. It did not settle the part of plaintiff's claim for which she had received workmen's compensation benefits from carrier. As to that part of the claim plaintiff was no longer interested. Under Witt v. Jackson, supra, she could recover them. She would have been getting double damages since she had [264 Cal.App.2d 369] already been paid therefor. Carrier may or may not have been entitled to recovery of those amounts. That right, again under Witt v. Jackson, supra, depended upon the issue of the concurrent negligence of the employer's agent. That issue was still pending before a waiting jury. Some evidence had been heard but both defendants and carrier were before the court and trial could have been continued until all material evidence on the issue had been heard.
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