California Employment Law Update

Tag Archives: negligence

September 2018 California Employment Law Notes

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Injured Employee Who Was Denied Prescription Drug Is Limited To Workers’ Comp Benefits

King v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018) Two physician-utilization reviewers acting on behalf of Kirk King’s employer determined that a treatment that had been recommended for King (an employee who had suffered an injury covered by workers’ compensation) was not “medically necessary” and decertified the prescription without providing for a weaning … Continue Reading

Employer Not Vicariously Liable For Injuries Caused By Employee During His Commute

Newland v. County of Los Angeles, 234 Cal. Rptr. 3d 374 (Cal. Ct. App. 2018) Donald Prigo worked as a Deputy Public Defender for the County. One day on his way home from work, Prigo hit a car driven by Kevin Vargas who was forced off the road and injured a pedestrian (plaintiff, Jake Newland). … Continue Reading

Alzheimer’s Patients Are Not Liable for Injuries They May Inflict on Home Health Care Workers

Gregory v. Cott, 2014 WL 3805478 (Cal. S. Ct. 2014) Carolyn Gregory was injured while providing in-home care for Lorraine Cott, an Alzheimer’s disease patient.  Gregory received workers’ compensation benefits but sued the Cotts for negligence and premises liability and asserted a claim against Lorraine for battery.  The trial court granted a defense motion for … Continue Reading

$125,000 Verdict And $550,000 Fee Award Affirmed For Negligent Supervision And Violation Of Civil Code § 51.7 (Freedom From Violence)

Ventura v. ABM Indus., Inc., 2012 WL 6636255 (Cal. Ct. App. 2012) Sylvia Ventura worked as a janitor for ABM. Ventura alleged a history of harassment and an act of violence by her supervisor, Carlos Manzano, and ratification by ABM. The jury awarded Ventura $100,000 in compensatory damages for past mental suffering. The trial court … Continue Reading

Employee Was Not Entitled To Indemnity For Fees Incurred In Defending Against Employer’s Lawsuit

Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011) Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and … Continue Reading

Patient Could Proceed With Lawsuit Against Hospital Based On Employee’s Alleged Sexual Abuse

C.R. v. Tenet Healthcare Corp., 169 Cal. App. 4th 1094 (2009) In this class action, C.R. sued Tenet Healthcare for sexual harassment in violation of Civil Code § 51.9 (prohibiting sexual harassment by a health care provider), negligence and intentional infliction of emotional distress based upon nursing assistant Ramon Eduardo Gaspar’s alleged sexual touching of … Continue Reading

Injuries Sustained By Professional Stuntman Were Covered By Workers’ Compensation

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

Ranger Who Was Injured In Residence Provided By State Was Limited To Workers’ Compensation Remedies

Vaught v. State, 157 Cal. App. 4th 1538 (2007) Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in … Continue Reading

Employer That Admitted Liability For Negligence Of Its Employee Could Not Be Sued For “Negligent Entrustment”

Jeld-Wen, Inc. v. Superior Court, 131 Cal. App. 4th 853 (2005) In this wrongful death action arising from a motor vehicle collision, the decedent’s survivors sued Jeld-Wen and its employee Hector Solis on various negligence theories, including a claim that Jeld-Wen had negligently entrusted the vehicle to Solis. Jeld-Wen moved for summary adjudication of the … Continue Reading

Off-Duty Employee Injured On Employer’s Water Slide Was Entitled To $4.4 Million Judgment

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

Employer Was Not Necessarily Liable For Employee’s Actions That Caused Injury To Police Officer

Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003) San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with … Continue Reading

Employee’s $400,000 Jury Verdict Against Urine- Testing Lab Is Upheld

Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003) Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had been performed negligently and had no validity, Delta rehired Ishikawa and paid her her lost income. Ishikawa also sued LabOne, the urine-testing laboratory, for negligence, … Continue Reading

City Is Not Liable For Actions Of Employees Who Acted Outside Scope Of Official Duties

Hoblitzell v. City of Ione, 110 Cal. App. 4th 675 (2003) Timothy Hoblitzell, a construction contractor, sued three employees of the City of Ione and the city itself after the employees identified themselves to one of Hoblitzell’s customers (a property owner) as building inspectors, told the customer that Hoblitzell had been performing the construction without … Continue Reading

Employee’s Tort Claim Involving Undiagnosed Tumor Was Barred By Workers’ Compensation Act

Weber v. United Parcel Serv., 107 Cal. App. 4th 801 (2003) Gary Weber, who was employed as an aircraft mechanic for UPS, underwent periodic hearing tests in accordance with the company’s internal safety policies and the requirements of the California Code of Regulations. Eventually, the tests revealed that Weber was losing his hearing in his … 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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