Partner, Maria Pleše and Associate, Caroline Cordova of the Irvine, California office obtained another favorable MSJ for their clients in a work site accident claim.

Plaintiff was a temp employee working at our client’s facility through an employment agency. On his very first day, he pinched his finger on a shoring test rack, which resulted in the amputation of part of his finger. Plaintiff filed suit against our client alleging Negligence, Strict Liability and Breach of Warranties.

We moved for summary judgment as to all claims based on the Exclusive Remedy Doctrine and Special Employment theory. We were able to establish that even though Plaintiff had been placed through a staffing agency, Plaintiff was our “special employee”, working at our sole discretion at the time of the injury and that we provided him with all supplies, equipment, training and supervision. As such, our client was legally deemed Plaintiff’s special employer and the Exclusive Remedy Doctrine applied.

Under the Exclusive Remedy Doctrine, workers’ compensation is the sole remedy available for injured employees against their employers. Here, it was undisputed that Plaintiff sustained a workplace injury in the scope of his employment with our client and thus recovery in civil litigation is barred as a matter of law as against the employer.

Plaintiff did not dispute the legal and factual arguments Defendant brought before the Court. Accordingly, the Court entered judgment in favor of our clients on all causes of action.

             Maria K Pleše, Partner                                  Caroline J. Cordova, Associate