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Case Name Gunnell v. Metrocolor Laboratories
Date 09/28/2001
Note Neither battery nor willful physical assault provides an exception to exclusive remedy rule.
Citation 92 Cal.App.4th 710
WCC Citation WCC 28622001 CA
ROSS C. GUNNELL et al. , Plaintiffs and Appellants, v. METROCOLOR LABORATORIES, INC. et al. , Defendants and Respondents. PROCEDURAL HISTORY Plaintiffs Ross C. Gunnell, James L. Walters, and Ronald J. Cohen sued, among other defendants, Metrocolor Lab, Inc. (Metrocolor) and Warner Brothers, Inc. (Time Warner). In 1989, Gunnell, Walters, and Cohen worked for four and one-half months at Metrocolor Laboratories, Inc. , which owned a facility to process and develop television and movie film. Cleaning the interior walls and ceiling of the Metrocolor film lab exposed Gunnell, Walters, and Cohen to the blue-green cleaning substance. Gunnell cites the jury's findings that Metrocolor specifically intended to injure Gunnell, who did not consent to contact with harmful chemicals which caused his injuries, and that in committing a battery on Gunnell, Metrocolor acted with oppression, malice, and fraud.

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