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Johnson v. Stratlaw, Inc.

Court of Appeal of California
274 Cal. Rptr. 363 (1990)


Daryl Johnson was 16 years old and worked for a pizza shop owned and operated by Stratlaw, Inc. (Stratlaw) (defendant). Daryl worked a shift at the pizza shop from 5:00 p.m. until after 2:00 a.m. On his drive home from work one night, Daryl got into a single-car accident and died. Daryl’s parents (plaintiffs) brought a wrongful-death suit against Stratlaw, alleging that Daryl was negligently required to work until after 2:00 a.m. and for a shift longer than eight hours, in violation of state labor laws. Stratlaw argued that the only remedy available to Daryl’s parents was a workers’ compensation claim. The parents argued that, under the going-and-coming rule, Daryl was not acting in the course of his employment, and therefore the exclusive-remedy provisions of the workers’ compensation law did not apply to bar the parents’ suit. Stratlaw filed a motion for summary judgment. The trial court granted the motion. The parents appealed.

Rule of Law


Holding and Reasoning (Carr, J.)

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