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Personal Injury
Forklift Accident

Sedgwick Claims Management Services Inc., for Falls Lake Fire and Casualty Company as real party in interest v. China Airlines Ltd., et al.

Published: Nov. 12, 2021 | Result Date: Oct. 21, 2021 | Filing Date: Mar. 18, 2020 |

Case number: 20STCV10810 Summary Judgment –  Defense

Judge

William A. Crowfoot

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Hector E. Salitrero
(Segal, Moreno & Stettler, APC)

Amber McKenzie
(Segal, Moreno & Stettler, APC)


Defendant

Jennifer J. Johnston
(Condon & Forsyth LLP)

Ivy L. Nowinski
(Condon & Forsyth LLP)


Facts

Plaintiff Sedgwick Claims Management Services Inc., for real party in interest, Falls Lake Fire and Casualty Company, a worker's compensation insurance company, filed suit against China Airlines Ltd. Sedgwick filed the complaint based on Diamond Santos, an employee of F & F Transport Service Inc. who was injured when he was struck by a forklift. The injury occurred in F & F's warehouse.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that he was injured when a China Airlines' employee injured him by negligently operating a forklift.

DEFENDANT'S CONTENTIONS: Defendant, China Airlines, denied all contentions. It argued that it does not own or operate any forklifts in California. Moreover, its ground handling service at the Los Angeles International Airport is done through another company, whose warehouse is four miles away from F & F's warehouse.

Result

The court granted defendant, China Airlines', motion for summary judgment.


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