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Johnson v. Stratlaw, Inc.

Citations: 224 Cal. App. 3d 1156; 274 Cal. Rptr. 363; 55 Cal. Comp. Cases 385; 1990 Cal. App. LEXIS 1125Docket: C006747

Court: California Court of Appeal; October 25, 1990; California; State Appellate Court

Narrative Opinion Summary

The case involves plaintiffs appealing a summary judgment granted in favor of the defendant, a restaurant owner, concerning claims related to the death of their son, Daryl, in a car accident. The plaintiffs asserted wrongful death and negligent infliction of emotional distress, arguing that the defendant negligently required Daryl to work beyond permissible hours for minors under California Labor Code § 1391, contributing to his exhaustion and the accident. The defendant countered that the claims were barred by the Workers' Compensation Act's exclusive remedy provisions. The trial court sustained a demurrer on the emotional distress claim but granted summary judgment for the defendant on the wrongful death claim, interpreting it under the workers' compensation framework. The appellate court affirmed this decision, emphasizing the applicability of the 'going and coming' rule and the 'special risk' exception, which recognized the employment-related risk due to the violation of Labor Code section 1391. The decision underscored that such claims fall within the workers' compensation system, negating the need for further litigation in civil court. The court also noted the abandonment of the emotional distress claim following a Supreme Court ruling that restricted such claims.

Legal Issues Addressed

Application of the 'Going and Coming' Rule

Application: The court determined that the 'going and coming' rule generally disallows compensation for injuries sustained during an employee's commute, but exceptions such as the 'special risk' exception were considered in this case.

Reasoning: The 'going and coming' rule generally disallows compensation for injuries sustained during an employee's commute, as the employment relationship is considered suspended during this time.

Exclusive Remedy under Workers' Compensation Act

Application: The appellate court affirmed that the exclusive remedy provisions of the Workers' Compensation Act barred the plaintiffs' wrongful death and emotional distress claims, as the claims were determined to fall within the scope of employment.

Reasoning: The appellate court affirmed the judgment, supporting the trial court's interpretation that the exclusive remedy provisions of the Workers' Compensation Act barred the plaintiffs' claims.

Negligent Infliction of Emotional Distress

Application: The trial court sustained a demurrer on the mother's emotional distress claim, aligning with a California Supreme Court decision that restricted such claims.

Reasoning: Additionally, the plaintiffs initially claimed the court erred in granting summary adjudication on Robert's emotional distress claim but later abandoned this argument following a California Supreme Court decision that restricted a bystander's claim for negligent infliction of emotional distress.

Special Risk Exception to Workers' Compensation

Application: The court found that the 'special risk' exception applied due to the defendant's alleged violation of Labor Code section 1391, which created a specific risk linked to Daryl's employment, thus barring the wrongful death claim under workers' compensation.

Reasoning: Plaintiffs' pleadings indicated that the defendant's employment practices related to Daryl created an injury risk, thus allowing the 'special risk' exception to apply and barring the plaintiffs' complaint under workers' compensation exclusive remedy provisions.