Tracy Hughes, a Partner in the Irvine office, obtained a favorable ruling granting her client’s Motion for Summary Judgment in a case where plaintiff sustained a significant injury to his dominant, right hand while operating a cardboard folding machine. Plaintiff alleged that the client negligently maintained the machine, causing its guard to malfunction, allowing plaintiff’s hand to become caught in its rollers. The court agreed that plaintiff, who was a temporary employee, was limited to the exclusive remedy of workers’ compensation under the special employee doctrine. In addition, the court sustained the objections to plaintiff’s expert, Brad Avrit’s declaration attempting to characterize the subject machine as a power press, creating an exception to exclusive remedy. As a result of the ruling, the case was dismissed, in its entirety, and the client is entitled to recover its costs.
Congratulations to Tracy.