Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)

Salvador Mora sued his former employer and its president after his arm was crushed in a power press machine. Mora alleged the machine lacked an adequate guard to protect against injury and, therefore, pursuant to Cal. Lab. Code § 4558, he was not limited to a remedy provided under the Workers’ Compensation Act. The trial court granted the employer’s motion for summary judgment, and the Court of Appeal affirmed, holding there was no evidence that the employer specifically authorized the failure to install or removal of a point of operation guard on the machinery. Cf. Ramirez v. Nelson, 44 Cal. 4th 908 (2008) (homeowners breached no special duty of care to unlicensed contractor or his worker who was electrocuted); Los Angeles County Professional Peace Officers’ Ass’n v. County of Los Angeles, 165 Cal. App. 4th 63 (2008) (county’s policies concerning cash-out of vacation benefits discriminated against disabled public safety officers in violation of Cal. Lab. Code § 132a and equal protection guarantees).