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Snyder v. Michael's Stores, Inc.

945 P.2d 781, 68 Cal. Rptr. 2d 476, 16 Cal. 4th 991 (1997)

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Snyder v. Michael’s Stores, Inc.

California Supreme Court
945 P.2d 781, 68 Cal. Rptr. 2d 476, 16 Cal. 4th 991 (1997)

Facts

Naomi Snyder worked for Michael’s Stores, Inc. (Michael’s) (defendant). On October 2, 1993, Naomi was working at Michael’s when a janitorial contractor operated a floor-buffing machine in the store without adequate ventilation, exposing 21 people to hazardous levels of carbon monoxide. Naomi was pregnant with Mikayla Snyder (plaintiff) at the time. Mikayla was born with permanent damage to her brain and nervous system because of the carbon monoxide exposure. Mikayla filed suit against Michael’s for negligence. Michael’s demurred, and the trial court granted the demurrer. Mikayla appealed. The appellate court reversed. Michael’s appealed, arguing that Mikayla’s injury was a derivative injury of Naomi’s and Mikayla was an employee of Michael’s while she was in utero, and therefore, workers’ compensation was Mikayla’s exclusive remedy. Michael’s further argued that policy reasons supported a bar to Mikayla’s claim because federal antidiscrimination law prevented businesses from adequately protecting fetuses by excluding fertile women from potentially hazardous jobs.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

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