Semole v. Sansoucie

28 Cal. App. 3d 714, 104 Cal. Rptr. 897 (1972)

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Semole v. Sansoucie

California Court of Appeal
28 Cal. App. 3d 714, 104 Cal. Rptr. 897 (1972)

MP

Facts

Semole (plaintiff) filed a wrongful-death action against multiple defendants, including Robert J. Sansoucie, a fellow employee of his son, John Semole, who was fatally injured at work while he was loading piggyback trailers onto railroad flatcars. Semole’s claim against Sansoucie was based on a section of the labor code that permits an action against a fellow employee when an injury or death is “caused by an act of such other employee which evinces a reckless disregard for the safety of the employee injured, and a calculated and conscious willingness to permit injury or death to such employee.” Sansoucie demurred on the ground that Semole’s complaint did not allege facts sufficient to state a claim under the cited labor code section, and the trial court granted Semole leave to amend. Semole filed a first and second amended complaint, and Sansoucie demurred on the same grounds. The last demurrer was sustained without leave to amend because the complaint simply cited the code section and alleged willful misconduct but was void of factual specificity beyond what would be stated in an ordinary negligence action. Semole appealed.

Rule of Law

Issue

Holding and Reasoning (Herndon, J.)

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