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| Case Name | LeFiell Manufacturing Co. v. Superior Ct of LA (Watrous et al.) | |
|---|---|---|
| Date | 03/30/2011 | |
| Note | The California 2nd District Court of Appeal ruled that an applicant may not sue his employer for products liability and general negligence under the Labor Code 4558's exception to exclusive remedy, but allowed his wife to file a loss-of-consortium claim because her claim falls outside the exclusive remedy of workers' compensation. | |
| Citation | B226240 | |
| WCC Citation | WCC 37402011 CA |
LeFiell also "failed to properly provide guarding so as to prevent material from flying up into or out of the machine . The form pleading seeks to recover for strict liability, negligence, and breach of implied and express written and oral warranties. LeFiell also contended Watrous's spouse lacked standing to pursue any cause of action arising from the power press injury (first, second, and fourth causes of action). Moreover, LeFiell argued her loss of consortium claim for damages (third cause of action) was barred by the exclusive remedy rule (§ 3600 et seq. )(Jones v. Keppeler (1991) 228 Cal. App. 3d 705, 709; see also Flowmaster, Inc. v. Superior Court (1993) 16 Cal. App. 4th 1019, 1029. )
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