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Case Name | Ruiz v. Cabrera | |
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Date | 05/30/2002 | |
Note | California Farm Labor Contractor Act does not create an exception to exclusive remedy. | |
Citation | 98 Cal.App.4th 1198 | |
WCC Citation | WCC 28582002 CA |
HOMERO RUIZ, an Incompetent Person, etc. , Plaintiff and Appellant, v. JUAN CABRERA, Defendant and Respondent. On September 7, 1997, plaintiff Homero Ruiz was an agricultural laborer hired by defendant Juan Cabrera, doing business as J. C. 1 Cabrera directed another of his employees, Ofelia Lopez, to provide transportation for part of the work crew, including Ruiz, in her van. Ruiz, through his guardian ad litem, sued Cabrera, Lopez, and others in an action that eventually was consolidated with actions brought by other injured crew members and the survivors of those killed in the accident. In granting judgment for Cabrera, the trial court concluded that, because Ruiz was an employee of Cabrera and was injured in the course and scope of his employment, workers' compensation was the exclusive remedy available to Ruiz.
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