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| Case Name | Raymond Garcia, Sr., v. Department of Water and Power et al. | |
|---|---|---|
| Date | 01/06/2011 | |
| Note | Workers' compensation exclusivity prevents an employee who was injured after a coworker shortened his cane from bringing tort actions against the coworker and employer, the California's Second District Court of Appeal ruled. | |
| Citation | B222442 | |
| WCC Citation | WCC 36982011 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B222442 January 6, 2011 RAYMOND GARCIA, SR. , PLAINTIFF AND APPELLANT, v. DEPARTMENT OF WATER AND POWER ET AL. , DEFENDANTS AND RESPONDENTS. Carmen A. Trutanich, City Attorney, Lisa S. Berger, Deputy City Attorney; Richard M. Brown, General Counsel for Defendants and Respondents. Raymond Garcia appeals from the judgment entered in favor of defendants and respondents City of Los Angeles, acting by and through the Department of Water and Power (hereinafter, "DWP"), and City employee Gregory Troschak, after defendants' demurrer was sustained without leave to amend. Vargas answered that he was not the culprit, and that he knew who had done it but could not tell. Pleadings in the workers' compensation proceeding are in accord, as is plaintiff's filing with the Department of Fair Housing and Employment.
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