Plaintiff and defendant, both flight attendants for the same airline, were on layover in Los Angeles when the car driven by defendant collided with another vehicle, causing injuries to plaintiff, the passenger. Plaintiff sued defendant for negligence. Primary issues involved whether worker’s compensation was plaintiff’s sole remedy against defendant under (1) Lab. Code, § 3601, which applies when one employee is injured by a co-employee "acting within the scope of his or her employment," or (2) the "commercial traveler rule," under which a commercial traveler is regarded as acting within the course of his employment during the entire period of his travel upon his employer's business.
Plaintiff employee sued his employer after he was severely injured while loading material onto a die in a power press. Primary issue involved the application of the exception to worker’s compensation exclusivity created by the Lab. Code, § 4558, which sets the conditions of employer liability for removal of or failure to install a power press operation guard.
Hon. Thomas L. Willhite, Jr. (Ret.)
915 Wilshire Boulevard, Suite 1900 Los Angeles, California 90017