sample negligence complaint against online casino california

Under the California Workers' Compensation Act, the exclusive remedy rule does not bar a negligence action when there is no employment relationship between the plaintiff and the defendant. The trial court dismissed the lawsuit, reasoning that both Kroger and Ralphs were the worker's employers, and both were protected by the workers' compensation exclusive remedy rule. Ralphs sought to have the action dismissed before trial on the ground that the employee's claim against it was barred by the workers' compensation exclusive remedy rule. While the employee's workers' compensation claim was still pending, she filed a negligence lawsuit against Ralphs. The order approving the compromise and release identified the defendant as 'The Kroger Company, dba Ralphs Grocery Co.' The compromise and release identified 'The Kroger Co.' as her employer.

She ultimately settled her workers' compensation claim for a lump sum payment of $50,000. About a month later, she filed an application for adjudication of her workers' compensation claim with the Workers' Compensation Appeals Board in which she listed 'Ralphs Grocery Co.' as her employer. The employee fell and injured her knee when she was struck by the door of a service elevator in the store. The rule applied even though the employee's workers' compensation settlement identified the grocery store's parent company as her employer, the court said.

The rule provides that when an employee is injured at work, workers' compensation is generally the employee's sole recourse against the employer.

A coffee barista who was injured at the grocery store where she worked could not bring a negligence action against the store because of the workers' compensation 'exclusive remedy' rule, a California appellate court held.

Sample negligence complaint against online casino california