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White v. Department of Transportation2/15/2002
Plaintiffs and appellants Eliena White, Patrick White, Barbara White, David White, Paula Horry, Melanie Bierlein, Justin Bierlein, Graham Bierlein, Randall Bierlein, a minor, by and through his Guardian Ad Litem, Melanie Bierlein (plaintiffs) appeal the trial court's judgment in favor of defendant and respondent State of California Department of Transportation (Caltrans). On appeal, plaintiffs contend that the judgment must be reversed because their action for wrongful death is not barred by the exclusivity provisions of the Workers' Compensation Act (the Act) under Labor Code section 3600 et seq. We affirm the trial court's judgment.
FACTUAL AND PROCEDURAL HISTORY
I. Introduction
Arturo Torres, an ex-employee of Caltrans returned to his former workplace six months after he was terminated and killed four Caltrans employees. The victims' families applied for and are receiving financial compensation under the victims of workplace violence provisions of former Government Code section 21540.5 (now section 21363.7). These families chose these benefits in lieu of benefits under the Act. Thereafter, plaintiffs filed this action in tort seeking additional damages. The trial court found that the action against Caltrans was barred by the exclusivity provisions of the Act, and entered judgment in favor of Caltrans.
II. Factual History
The parties stipulated to the following facts.
In June of 1997, Caltrans terminated Torres' employment because he was caught stealing state property.
On December 18, 1997, Torres entered the Caltrans Batavia yard located in Orange, California, and killed four employees. The Batavia yard is a Caltrans facility, containing offices, work trailers, equipment and materials. Employees would go to the yard daily, park their cars, obtain their assignments for the day, go into the field to perform their assigned tasks, return to the yard to report progress on assigned tasks, and eventually return home.
On December 18, at approximately 3:10 p.m., Torres shot and killed Hal Bierlein, Paul White, Michael Kelly, and Wayne Bowers. Torres shot Bierlein while Bierlein was inside his car in the parking lot. The parking lot was not located inside the Batavia yard, but was adjacent to the yard. After killing Bierlein, Torres drove into the Batavia yard and went to a work trailer. Although the trailer had three doors, only one was unlocked. Torres entered through the unlocked door and sprayed bullets into the trailer -- killing White, Bowers and Kelly. Because the other two doors were locked, another Caltrans employee escaped the trailer only by breaking a sliding glass door with a fire extinguisher and exiting through it.
Two other employees were injured during the shooting. Eventually, Torres was shot and killed by the police during an exchange of gunfire after leaving the Batavia yard.
Prior to the incident, Bierlein and other employees had been concerned that Torres might seek revenge against Caltrans and its employees for his termination of employment. Several Caltrans supervisors did not believe that Torres was a dangerous or violent person when he was employed by Caltrans.
Since March of 1998, three of the plaintiffs -- Melanie Bierlein, Nancy Bowers and Eliena White -- have been receiving benefits under former Government Code section 21540.5 (now section 21363.7), which allows for special death benefits when a state employee is killed as a direct consequence of a violent act while in the course and scope of his or her duties.
III. Procedural History
Plaintiffs filed a civil wrongful death claim against Caltrans. Plaint
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