[Download] "Goddard v. Pollock" by First Appellate District, Division Two Court of Appeal of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Goddard v. Pollock
- Author : First Appellate District, Division Two Court of Appeal of California
- Release Date : January 07, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Richard McQuillan, an employee of the Division of Highways of the State of California, was killed while in the course of his employment when he was struck by a Southern Pacific Company train. His widow and minor children (hereinafter "the survivors") sued the Southern Pacific Company (hereinafter "Southern Pacific") for damages for wrongful death and recovered a judgment in the sum of $260,000. By special verdict the jury found that McQuillans employer, the State of California Department of Public Works (hereinafter "the State") was negligent and that such negligence was a proximate cause of his death. McQuillan, at the time of his death, was a member of the Public Employees Retirement System (hereinafter "the System") which, by reason of his death, became liable for a basic death benefit pursuant to Government Code section 21361 and survivor allowance pursuant to Government Code section 21382. The System claimed that it was entitled to reimbursement of the sum of $18,101.48 out of the benefits paid to the survivors by means of subrogation against the judgment recovered by them in the wrongful death action and, accordingly, filed a notice of lien in said action. The trial court determined that the System was not entitled to a lien and also ruled that Southern Pacific was not entitled to have deducted from the judgment