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Case Name Maraj v. Ralphs Grocery Company
Date 05/25/2011
Note An exception to the exclusive remedy rule did not apply to an injured grocery store employee's civil suit because she could not prove that Ralphs Grocery Co. concealed her injury, the 2nd District Court of Appeal concluded.
Citation B223410
WCC Citation WCC 37672011 CA
MARAJ v. RALPHS GROCERY COMPANY SHANTIE MARAJ, et al. , Plaintiffs and Appellants, v. RALPHS GROCERY COMPANY, Defendant and Respondent. As plaintiff Shantie Maraj, an on-duty employee of defendant Ralphs Grocery Company (Ralphs), tried to raise the flag on the flag pole at the market where she worked, she suffered a severe neck fracture and other injuries when a shopping cart, which had been hoisted up the pole as a prank by third parties, fell on her head. Lizarraga told another employee (Susan) to call Med-core, the company Ralphs calls when an employee is injured, and Med-core told Susan to call 911, which she did. The court did not reach the other two issues raised by Ralphs: whether Ralphs fraudulently concealed the existence of plaintiff's injuries or their connection with plaintiff's employment. Plaintiff sued Ralphs erroneously as The Kroger Company.

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