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Case Name | Weinstein v. St. Mary's Med. Cntr. | |
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Date | 10/30/1997 | |
Note | Exclusive remedy only applies when duty arises from employment relationship. | |
Citation | 58 Cal.App.4th 1223 | |
WCC Citation | WCC 24181997 CA |
On January 10, 1995, while still on crutches, Weinstein went to the Hospital to receive medical treatment for her injury. As this was happening, Weinstein slipped and fell on a watery liquid substance in one of the Hospital's hallways. [58 Cal. App. 4th 1227] On December 12, 1995, Weinstein filed her complaint in this personal injury action against the Hospital. Thus the 'conditions of compensation' were not met, and Weinstein was not restricted to the remedy of workers' compensation. The Hospital countered that it owed Weinstein the same duty to maintain safe premises whether she was there as a patient or an employee.
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