 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Vuillemainroy v. American Rock & Asphalt Inc.3/26/1999
CERTIFIED FOR PUBLICATION
(Alameda County Super. Ct. No. 7484960)
Here we are called upon to interpret the language of Supreme Court precedent and determine whether the exclusivity of the worker's compensation remedy bars recovery in tort to a family whose decedent was killed as a result of an employer's allegedly criminal negligence. We conclude this suit is barred by the Worker's Compensation Act.
Background
Plaintiffs' decedent Ray Vuillemanroy was killed in a workplace accident when the brakes failed on a heavily loaded truck he was driving down a steep haul road. Plaintiffs sued Mr. Vuillemanroy's employer, American Rock & Asphalt, Inc. (American Rock) and a number of third party defendants for wrongful death, alleging each was responsible for the fatal accident. In addition to causes of action for general negligence, product and premises liability, plaintiffs alleged the accident was caused by American Rock's " riminal acts and other conduct outside the employment relationship[,]" including manslaughter. Plaintiffs based the involuntary manslaughter claim on accusations that American Rock's trucks and haul roads were chronically and deliberately left unmaintained and unsafe, demonstrating American Rock's utter disregard for the life and safety of its employees.
American Rock moved for summary judgment on the ground that the Worker's Compensation Act (the Act) provided plaintiffs' exclusive remedy. Plaintiffs acknowledged the accident had occurred during the performance of decedent's employment responsibilities. They asserted, however, that because American Rock's acts constituted involuntary manslaughter, the exclusivity provision of the Act was inapplicable under the authority of Fermino v. Fedco, Inc. (1994) 7 Cal.4th 701 (Fermino).
The trial court granted summary judgment, reasoning: "Risks of harm arising from or connected to the type of work an employee performs for the employer, even when such risks are exacerbated by the employer's failure to implement safety precautions, comply with safety orders and the like, fall within the scope of the `compensation bargain' between employer and employee. Accordingly, civil compensation for harm so caused is within the exclusive jurisdiction of the California Workers' Compensation Act. [California Labor Code section 3600 et seq.] and all claims for civil damages asserted against American Rock in this action fail." The court subsequently denied plaintiffs' motion for new trial, brought on the same legal ground, and entered judgment in favor of American Rock. This appeal timely followed.
Discussion
The question before us is purely legal: whether, under existing precedent, acts of an employer constituting involuntary manslaughter fall outside the exclusive workers' compensation remedy, entitling the injured party to pursue a civil action against the employer. Plaintiffs contend the Supreme Court has carved out a "manslaughter exception" in a line of cases culminating with Fermino, supra. The contention is unpersuasive. Fairly read, Fermino and its predecessors compel the Conclusion that workers' compensation is the sole remedy for the claims at issue here.
Our analysis begins with the rationale underlying the exclusivity rule. "Section 3600 of the Labor Code provides that an employer is liable for injuries to its employees arising out of and in the course of employment, and section 3601 declares that where the conditions of workers' compensation exist, the right to recover such compensation is the exclusive remedy against an employer for injury or death of an employee." (Johns-Manville Products Corp. v. Superior Court (1980) 27 Cal.3d 465, 467
Page 1 2 3 4 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|