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Case Name | Yamaguchi v. Harnsmut | |
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Date | 01/29/2003 | |
Note | Firefighter's rule does not vitiate respondeat superior of employer of assaultive employee. | |
Citation | 106 Cal.App.4th 472, 130 Cal.Rptr.2d 706 | |
WCC Citation | WCC 29202003 CA |
TADAO YAMAGUCHI et al. , Plaintiffs and Respondents, v. CHAIYUT HARNSMUT et al. , Defendants and Appellants. OPINION STEVENS, Acting P. J. - Chaiyut Harnsmut (Harnsmut) and his wife, Urai Chaloeicheep (Chaloeicheep) appeal from a judgment holding them vicariously liable for injuries suffered by a police officer at the hands of their employee. In a slightly crouched position, Yamaguchi gestured to Noy and instructed him verbally to come towards him. Wisan immediately scooped up a second pot of hot oil and threw it in the direction of Noy, Yamaguchi, and Orkes. 4 The jury awarded Yamaguchi $59,760 in economic and $1,000,000 in noneconomic damages, the City $105,763. 55, and Tracy Yamaguchi $35,000.
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