Johnson v. Stratlaw, Inc.
Court of Appeal of California
274 Cal. Rptr. 363 (1990)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Carr, J.)
What to do next…
Here's why 804,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
