Snyder v. Michael's Stores, Inc.

Opinion

WERDEGAR, J.

Plaintiff Mikayla M. Snyder, a minor, alleges she was injured in útero when her mother, Naomi Snyder, breathed carbon monoxide gas in amounts toxic to both Naomi and Mikayla. The injury occurred at Naomi’s workplace, a store owned and operated by defendant Michael’s Stores, Inc., during Naomi’s employment. The trial court granted Michael’s Stores’ demurrer on the ground the action was barred by Labor Code sections 3600-3602,1 providing that workers’ compensation proceedings are the exclusive remedy for injuries to employees arising out of their employment. The court so…