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| Case Name | Jones v. California Department of Corrections and Rehabilitation | |
|---|---|---|
| Date | 07/03/2007 | |
| Note | For conduct committed within the scope of employment, employees, like their employers, should not be held subject to suit. There are, however, statutory exceptions to coemployee immunity. A civil suit is permissible when an employee proximately causes another employee's injury or death by a 'willful and unprovoked physical act of aggression.' | |
| Citation | 152 Cal. App. 4th 1367 | |
| WCC Citation | WCC 32332007 CA |
COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA KIM C. JONES, Plaintiff and Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Defendants and Respondents. Jones was displeased and went to retake it; however, McMinn blocked her and refused to move out of her way. That day Jones reported pain in her neck and right wrist and shoulder, for which she received medical care at Donovan. In January and September, 2004, Jones filed complaints with the Department of Fair Employment and Housing (DFEH) against Donovan and several employees. Moreover, Jones did not present any evidence to refute Respondents' claims their complained-of employment actions were made for legitimate, nondiscriminatory reasons.
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