On June 11, 2020 a
Complaint,Petition
was filed
involving a dispute between
Duke Realty Limited Partnership,
Insurance Company Of The West,
Madrigal, Adriana Quintero,
Marquez, Rafael Carvajal,
and
Does 2-100,
Duke Realty Corporation,
Duke Realty Limited Partnership,
Genie Industries, Inc.,
Gregg Electric, Inc.,
I.E. General Engineering Inc.,
King Equipment, Llc,
Terex Corporation,
General Engineering, Inc,
Gregg Electric, Inc., I.E.,
King Equipment, Inc.,
Roes 2 To 100,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
r jo4
1 i
Peter V Fitzpatrick Esq State Bar Na 164953 R c t r
l OI NTY C 1
LAW C FFICES OF S Na
I t3ERNAR l
r c F r h r n
r
n
r
2 Bradford arthel LLP
BR ADFORD BARTHEL ONTARIO OCT
3 3270 Inland Ernpire Bivd Ste 200
4ntario CA 917b4
4 Telephane 909 47b 0552
4
Facsimile r
909 476 0554 a t t r
5 j mr
Attorneys for Flaintiff In Intervention i
6 INSURANCE COMPANY OF THE WEST r
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 GOUNTY OF SAN BERNARDINO
1 RAFAEL CARVA3AL MARQUEZ Case Na CIVDS2Q14310
ADRIANA QUINTER4 MADRIGAL
11
Plaintiff COMPLAINT IN INTERVENTION
12 vs
13 GENIE INDUSTRIES INC TEREX
CORPORATI4N DUKE REALTY
14 LIMITED PARTNERSHIP DUKE
REALTY CORPORATION GREGG
15 ELECTRIC INC I E GENERAL
ENGINEERING INC AND D4ES 1 100
16 TNCLUSIVE
17 Defendants
1NSURANCE C4MPANY OF THE WEST
18
Plaintiff In Intervention
19 vs
20 GEN1E 1NDUSTRIES INC TEREX
CQRPORATION DUKE REALTY
21 LIMITED PARTNERSHIP DUKE
REALTY CORPORATION GREGG
22 ELECTRIC INC I E GENERAL
ENGINEERING INC AND ROES 1 100
23 INCLUSIVE
24 Defendants In Intervention
25 Comes now Plaintiff In Intervention INSURANCE C4MPANIT OP THE WEST
2b hereinafter referred to as Intervenor and complains and alleges as fallows
27
28 IIl
1
COMPLAINT IN INTE RVENTION
1 GENERAL ALLEGATI4NS
2 1
At all times mentioned herein Intervenar was and is now a corporation duly
3 organized and existing under the laws of Califarnia and doing business under the laws of the
4 State of California and was and is authorized to transact worker s campensation insurance
5 administration in the State of California
6 2 On 7 201 intervenor was the workers eampensation carrier for
or about
July
7 Rafael Marquez s emplayer JSR Canstruction Services Inc under which intervenor agreed to
8 pravide payrnents for any and all liability for workers compensation benefits imposed upon it
9 by the workers compensation laws the state of California
10 3 At all times herein plaintiff Rafael Marque was an employee of JSR
11 Canstruction Services Inc and was within the course and scope of l is employment at the tirne
12 of the hereinafter alleged accident wherein he sustained injuries to his person
13 4 As provided in Division 4 3852 af the Labar Cade of the State of Califarnia
14 the employer who pays or becomes obligated to pay compensation ta an employee injured as a
15 result of the negligence of a third party may bring an action against such third party to recover
16 the total amount of compensation that 3207 af said Cade provides that the term
17 compensation as used in Divisian 4 includes every benefit conferred in Division 4 of the
18 Labor Code
19 As a result of such the intervener has paid workers compensation benefits to Rafael
20 Marquez pursuant ta the wgrkers compensation laws of the state of California
21 5 Intervener is subrogated to any and all rights which the Plaintiff might have
22 under California Labor Code 3852 et seq to recaver such amounts expended from the
23 DefendantstDefendants In Intervention
24 6 The full extent of the facts linking the fictitiously designated Defendants In
25 Intervention with the cause of actian alleged herein are unknown ta Intervener and the true
26 names and capacities whether individual plural cotporate partnership associated or
27 otherwise of Defendants Defendants In Intervention and ROES 1 ta 100 Inclusive are
28 unknown to Intervener who therefore sues said DefendantslDefendants In Intervention by
2
COMPLAINT IN INTE RVENTION
Document Filed Date
October 13, 2020
Case Filing Date
June 11, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
r jo4 1 i Peter V Fitzpatrick Esq State Bar Na 164953 R c t r l OI NTY C 1 LAW C FFICES OF S Na I t3ERNAR l r c F r h r n r n r 2 Bradford arthel LLP BR ADFORD BARTHEL ONTARIO OCT 3 3270 Inland Ernpire Bivd Ste 200 4ntario CA 917b4 4 Telephane 909 47b 0552 4 Facsimile r 909 476 0554 a t t r 5 j mr Attorneys for Flaintiff In Intervention i 6 INSURANCE COMPANY OF THE WEST r 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 GOUNTY OF SAN BERNARDINO 1 RAFAEL CARVA3AL MARQUEZ Case Na CIVDS2Q14310 ADRIANA QUINTER4 MADRIGAL 11 Plaintiff COMPLAINT IN INTERVENTION 12 vs 13 GENIE INDUSTRIES INC TEREX CORPORATI4N DUKE REALTY 14 LIMITED PARTNERSHIP DUKE REALTY CORPORATION GREGG 15 ELECTRIC INC I E GENERAL ENGINEERING INC AND D4ES 1 100 16 TNCLUSIVE 17 Defendants 1NSURANCE C4MPANY OF THE WEST 18 Plaintiff In Intervention 19 vs 20 GEN1E 1NDUSTRIES INC TEREX CQRPORATION DUKE REALTY 21 LIMITED PARTNERSHIP DUKE REALTY CORPORATION GREGG 22 ELECTRIC INC I E GENERAL ENGINEERING INC AND ROES 1 100 23 INCLUSIVE 24 Defendants In Intervention 25 Comes now Plaintiff In Intervention INSURANCE C4MPANIT OP THE WEST 2b hereinafter referred to as Intervenor and complains and alleges as fallows 27 28 IIl 1 COMPLAINT IN INTE RVENTION 1 GENERAL ALLEGATI4NS 2 1 At all times mentioned herein Intervenar was and is now a corporation duly 3 organized and existing under the laws of Califarnia and doing business under the laws of the 4 State of California and was and is authorized to transact worker s campensation insurance 5 administration in the State of California 6 2 On 7 201 intervenor was the workers eampensation carrier for or about July 7 Rafael Marquez s emplayer JSR Canstruction Services Inc under which intervenor agreed to 8 pravide payrnents for any and all liability for workers compensation benefits imposed upon it 9 by the workers compensation laws the state of California 10 3 At all times herein plaintiff Rafael Marque was an employee of JSR 11 Canstruction Services Inc and was within the course and scope of l is employment at the tirne 12 of the hereinafter alleged accident wherein he sustained injuries to his person 13 4 As provided in Division 4 3852 af the Labar Cade of the State of Califarnia 14 the employer who pays or becomes obligated to pay compensation ta an employee injured as a 15 result of the negligence of a third party may bring an action against such third party to recover 16 the total amount of compensation that 3207 af said Cade provides that the term 17 compensation as used in Divisian 4 includes every benefit conferred in Division 4 of the 18 Labor Code 19 As a result of such the intervener has paid workers compensation benefits to Rafael 20 Marquez pursuant ta the wgrkers compensation laws of the state of California 21 5 Intervener is subrogated to any and all rights which the Plaintiff might have 22 under California Labor Code 3852 et seq to recaver such amounts expended from the 23 DefendantstDefendants In Intervention 24 6 The full extent of the facts linking the fictitiously designated Defendants In 25 Intervention with the cause of actian alleged herein are unknown ta Intervener and the true 26 names and capacities whether individual plural cotporate partnership associated or 27 otherwise of Defendants Defendants In Intervention and ROES 1 ta 100 Inclusive are 28 unknown to Intervener who therefore sues said DefendantslDefendants In Intervention by 2 COMPLAINT IN INTE RVENTION