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Case Name | Hanford Ready Mix, Inc. v. Dominguez | |
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Date | 12/27/2007 | |
Note | [Unpublished] Because the evidence failed to show negligence on the part of Defendant, summary judgement was warranted and the issue of whether this action was barred by the exclusive remedy provision of the workers' compensation law is not addressed. | |
Citation | C052180 | |
WCC Citation | WCC 32932007 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) HANFORD READY MIX, INC. , Cross-complainant and Appellant, v. DANIEL DOMINGUEZ, Cross-defendant and Respondent. Gray's decedents filed a wrongful death and negligence action against Daniel Dominguez, Hanford Ready Mix, Inc. (Hanford), and Gray's employer, L. L. & W. Supply, Inc. , doing business as Cen-Cal Wallboard (Cen-Cal). Hanford filed a cross-complaint for indemnity against Cen-Cal and Dominguez, alleging their negligence caused or contributed to the accident. Hanford contends there are triable issues of fact concerning whether Dominguez and/or his agents breached a duty of care to Gray and caused the accident. Hanford cross-complained against Cen-Cal and Dominguez, alleging that Gray's death was caused in whole or in part by cross-defendants.
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