California Court of Appeal

Jury could reasonably conclude plaintiff's use of the water slide after hours was not reasonably contemplated by, nor causally connected to, his employment or his employment duties. Thus, the workers' compensation exclusive remedy rule did not bar this negligence action against his employer; JNOV is reversed.

Appellate Information

• Decided 04/09/2004
• Published 04/09/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Offices of Richard Devirian, Richard C. Devirian, Wilmington;  Esner & Chang, Stuart B. Esner, Los Angeles and Andrew N. Chang, Walnut Creek, for Plaintiff and Appellant.


• For Appellees:
  
• Wilson, Elser, Moskowitz, Edelman & Dicker, Patrick M. Kelly, Steven R. Parminter, Otis D. Wright, Los Angeles;  Borton, Petrini & Conron, Christopher L. Cockrell and Allen P. Sanders, San Bernardino, for Defendant and Respondent.