California Employment Law Update

Tag Archives: wrongful death

Employer Not Vicariously Liable For Injuries Caused By Employee In Auto Accident

Lynn v. Tatitlek Support Servs., Inc., 2017 WL 696008 (Cal. Ct. App. 2017) The Lynns sued TSSI in this wrongful death action arising from an automobile accident involving TSSI’s temporary employee, Abdul Formoli. The Lynns contend that the “going and coming” rule, precluding employer vicarious liability, does not apply based upon the nature of Formoli’s … Continue Reading

ERISA Preempts Certain Claims Asserted By Deceased Employee’s Estate Against Employer

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002) Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. … Continue Reading
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