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Vuillemainroy v. American Rock & Asphalt Inc.3/26/1999
applied the exclusivity rule to a case in which the employer knowingly sent an employee onto a gunnery range containing hidden live ordnance. Affixing the label of manslaughter to the creation of unsafe working conditions does not avoid the exclusivity bar. "What matters, then, is not the label that might be affixed to the employer conduct, but whether the conduct itself, concretely, is of the kind that is within the compensation bargain." (Fermino, supra, 7 Cal.4th at p. 718.) Indeed, to accept plaintiffs' position that a death caused by an employer's criminal negligence is beyond the compensation bargain would invite the wholesale labeling of workplace fatalities as manslaughters to circumvent the workers' compensation system. Even while fashioning limited exceptions to the rule of exclusivity, the Supreme Court has consistently cautioned against opening such a Pandora's Box. (Id. at pp. 715-715; see also Johns-Manville, supra, at pp. 474, 478; Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal.3d 148, 160-161.)
We hold the trial court correctly ruled that plaintiffs' civil action was barred.
Disposition
The judgment is affirmed.
Corrigan, Acting P.J.
We concur:
Parrilli, J.
Walker, J.
A080249, Vuillemainroy et al. v. American Rock & Asphalt, Inc.
Trial court: Alameda County Superior Court
Trial Judge: Honorable John F. Kraetzer
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