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City of Fresno seeks subrogation for workers' comp benefits it paid to employee after accident

NORTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

City of Fresno seeks subrogation for workers' comp benefits it paid to employee after accident

Car accident 08

FRESNO – The city of Fresno is seeking damages after an auto accident that caused it to pay workers' compensation benefits to its employee.

The city of Fresno filed a complaint on May 5 in the Fresno County Superior Court against Guadalupe Gutierrez, Freddy Gutierrez Ochoa and Does 1-5 seeking workers' compensation subrogation.

According to the complaint, the plaintiff alleges that in April 27, 2015, defendant Gutierrez was operating a 2007 Chevrolet Tahoe when she negligently collided into the plaintiff's vehicle after running a red light, causing injury to its employee and damage to its vehicle. 

The plaintiff alleges it incurred a total loss of $39,862.63. After the offset for payments made by its insurer, the balance of $34,605.82 allegedly remains due and owing. 

The plaintiff holds Guadalupe Gutierrez, Freddy Gutierrez Ochoa and Does 1-5 responsible because defendant Gutierrez allegedly carelessly operated the vehicle owned by Gutierrez Ochoa, causing the accident and damages to the city.

The plaintiff requests a trial by jury and seeks judgment against defendants for damages sustained by the city, costs of suit, attorneys’ fees and such other just and proper relief. It is represented by Douglas T. Sloan and Kenneth J. Jorgensen of City of Fresno in Fresno.

Fresno County Superior Court Case number 17CECGO1568

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