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Tucci v. Club Mediterranee, S.A.
California Court of Appeal
89 Cal. App. 4th 180, 107 Cal. Rptr. 2d 401 (2001)
Gina Tucci (plaintiff), a California domiciliary, was injured in the Dominican Republic while working for Club Mediterranee, S.A. (Club Med) (defendant). After receiving payments for her medical expenses by Club Med’s Dominican Republic workers’-compensation insurer, Tucci filed a personal-injury claim against Club Med in a state court in California. Under California law, Tucci was not prohibited from suing Club Med in tort because Club Med did not have California workers’-compensation insurance. Under the law of the Dominican Republic, Tucci’s exclusive remedy was under the workers’-compensation laws. Tucci and Club Med filed cross motions for summary judgment. The trial court held that the law of the Dominican Republic applied and dismissed Tucci’s suit. Tucci appealed.
Rule of Law
Holding and Reasoning (Aldrich, J.)
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