Nunies v. HIE Holdings, Inc., 2018 WL 5660625 (9th Cir. 2018) Herman Nunies was a delivery driver for HIE Holdings who injured his shoulder and wanted to transfer to a part-time, less-physical warehouse job. The requested transfer was approved and was set to go through until Nunies told HIE about his shoulder injury after which … Continue Reading
Raines v. Coastal Pac. Food Distrib., Inc., 23 Cal. App. 5th 667 (2018) Terri Raines sued Coastal Pacific individually and under the Private Attorneys General Act (“PAGA”) for failure to furnish her and other employees accurate itemized wage statements showing the applicable hourly rates in effect during the pay period and the corresponding number of … Continue Reading
SeaBright Ins. Co. v. US Airways, Inc., 52 Cal. 4th 590 (2011) US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry’s employees in their work. The conveyor lacked certain safety guards … Continue Reading
Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008) Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) … Continue Reading
Baptist v. Robinson, 2006 WL 2699181 (Cal. Ct. App. 2006) While riding his motorcycle, Ronald Baptist struck a large plastic agricultural bin that had fallen onto the highway from the back of a pickup truck that was owned and driven by Thomas Robinson. Robinson was employed by Thomas Fogarty Winery and had, without the winery’s … Continue Reading
Taylor v. Roseville Toyota, Inc., 138 Cal. App. 4th 994 (2006) Derrick Lewis, a car detailer employed by Roseville Toyota, was driving a car owned by the dealership and was on a personal errand during his lunch break when he rear-ended another car that was stopped at a stoplight. The jury concluded that although Lewis … Continue Reading
Sully-Miller Contracting Co. v. California OSHA Bd., 138 Cal. App. 4th 684 (2006) Sully-Miller, an asphalt-paving company, leased one of its employees, Jeff Moreno, to Manhole Adjusting, Inc., as a roller operator. While working at Manhole’s worksite, Moreno was fatally injured when he was thrown from the roller because it lacked an operable seatbelt. OSHA … Continue Reading
Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004) James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the … Continue Reading
Wal-Mart Stores, Inc. v. WCAB, 112 Cal. App. 4th 1435 (2003) Velta Elaine Garcia suffered an orthopedic injury to her back while employed by Wal-Mart. At the time of the injury, Garcia had worked at Wal-Mart for fewer than six months. Four years after the incident, Garcia amended her workers’ compensation claim to assert that … Continue Reading
Murphy v. Schneider Nat’l, Inc., 349 F.3d 1224 (9th Cir. 2003) Charles E. Murphy was injured on premises owned by Trane Company while he was working as a long-haul trucker for Schneider National, Inc. Murphy filed a personal injury action against Schneider (which had failed to maintain a workers’ compensation policy) and Trane in the … Continue Reading
Huang v. L.A. Haute, 106 Cal. App. 4th 284 (2003) Ai Zhen Huang was employed as a housekeeper at the home of Brad Hunter, but was on the payroll of L.A. Haute, a furniture manufacturing business in which Hunter was a partner. Huang was employed for approximately two years before her employment was terminated on … Continue Reading
Jensen v. Amgen, Inc., 105 Cal. App. 4th 1322 (2003) Darcy Jensen, who was employed at Amgen as a module team coordinator, alleged that she sustained injuries after she was exposed to mold on Amgen’s premises. Jensen filed a lawsuit asserting causes of action for fraudulent concealment of injuries under Labor Code § 3602(b)(2), battery … Continue Reading
Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002) C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. … Continue Reading
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