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Case Name | Hernandez v. Gray Lift, Inc. | |
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Date | 05/31/2012 | |
Note | A California corporation could assert workers' compensation exclusivity as an affirmative defense to a wrongful death claim filed by the family of a laborer who was killed while working for it, pursuant to a contract under the corporation's fictitious business name. | |
Citation | F061759 | |
WCC Citation | WCC 39042012 CA |
HERNANDEZ v. GRAY LIFT, INC. JOSE HERNANDEZ, JR. , et al. , Plaintiffs and Appellants, v. GRAY LIFT, INC. et al. , Defendants and Respondents. In the FAC, plaintiffs Jose Hernandez, Jr. , Yunalesca Hernandez, and Noemi Hernandez sought damages under the wrongful death statute against defendants Gray Lift and Wells based upon the alleged negligent driving of Wells while in the scope of Wells's employment with Gray Lift, Inc. , resulting in the fatal accident that caused decedent's death. Plaintiffs further admit that CRS is a dba of Gray Lift, Inc. , yet they attempt to sue Gray Lift, Inc. as a separate entity. That is, defendants sought to prove that CRS was one and the same entity as Gray Lift, Inc. and therefore Gray Lift Inc. was decedent's employer. Gray Lift, Inc. , provided all tools used by Plaintiffs' decedent in his work for Gray Lift, Inc. doing business as [CRS].
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