A major insurance corporation has filed a lawsuit against the City and County of San Francisco, alleging negligence that led to an employee's injury. On September 9, 2024, LM Insurance Corporation filed the complaint in the Superior Court of California, County of San Francisco, accusing the city and county of negligence.
According to the complaint, LM Insurance Corporation is authorized to write Workers’ Compensation Insurance in California and insured United Parcel Service (UPS) against liability for compensation benefits under state law. The case revolves around an incident on April 26, 2024, when Robert Woo, an employee of UPS, was injured while working at or near 785 Green Street in San Francisco. The plaintiff claims that the City and County of San Francisco negligently owned, maintained, controlled, and managed the sidewalk and/or water meter cover at this location.
The complaint alleges that due to this negligence or carelessness by the defendants, Woo fell and sustained injuries while performing his job duties. As a result of these injuries, Woo made a claim for Workers' Compensation benefits with UPS. Consequently, LM Insurance Corporation has been obligated to pay these benefits on behalf of Woo. "As a proximate result of said negligence by Defendants... Plaintiff has been obligated to pay, and has paid Workers’ Compensation Benefits," states the complaint.
LM Insurance Corporation further asserts that it will be required to continue paying additional Workers’ Compensation benefits and medical costs for an indefinite period into the future. The company seeks to amend its complaint as necessary when the full extent of its liability becomes clear. In addition to recovering past and future Workers' Compensation benefits paid out on behalf of Woo, LM Insurance Corporation is also seeking prejudgment interest and other court-related costs.
The lawsuit cites sections 3852-3856 of the California Labor Code as grounds for their claims. These sections provide statutory subrogation rights allowing insurers like LM Insurance Corporation to step into the shoes of their insured—in this case UPS—and recover from negligent third parties responsible for causing injury.
Representing LM Insurance Corporation in this matter is Nerrissa Dyett from the Law Offices of Ostin, Kothary & Lock. The case is being overseen by Judge Sahar Enayati under Case No.: CGC-24-618008.