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Hines v. Thyssen Elevator Corp.2/20/2002
siderations apply in this case, however, because the defendant was not the respondent in the workers' compensation proceedings.
The courts have recognized that "equitable tolling applies only where the plaintiff commences a second action which is in reality a continuation of an earlier action involving the same parties, facts and cause of action." (Dowell v. County of Contra Costa (1985) 173 Cal.App.3d 896, 903.) Therefore, "under ordinary circumstances workers' compensation claim would not equitably toll a personal injury action against a third party who might also be liable for the injury." (Collier v. City of Pasadena (1983) 142 Cal.App.3d 917, 924-925.)
Because appellant pursued his workers' compensation claim against one entity and a personal injury action against an entirely separate entity, the justifications for allowing equitable tolling of an otherwise untimely action were not present, and summary judgment was properly entered for respondent. The judgment is affirmed. Respondent shall recover its costs on appeal.
We concur:
Corrigan, Acting P. J.
Parrilli, J.
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