Blew v. Horner
California Court of Appeal
1Opinion of the Court
Opinion
SCOTT, J.
Plaintiff Monte Blew brought a personal injury action against defendant Earl Horner, individually and doing business as Horner’s Construction Company. The trial court granted defendant’s motion for summary judgment, on the grounds that when plaintiff was injured, he was defendant’s employee as a matter of law pursuant to Labor Code section 2750.5 1 and that the dual capacity doctrine was inapplicable; thus workers’ compensation was plaintiff’s exclusive remedy against defendant. We affirm. 2
I
Plaintiff’s complaint alleged that in 1981, he was employed as a roofer by Daniel…
2Cases cited33 opinions
- Palos Verdes Faculty Ass'n v. Palos Verdes Peninsula Unified School DistrictCalifornia Supreme Court · 1978
- Johns-Manville Products Corp. v. Superior CourtCalifornia Supreme Court · 1980
- Bailey v. Superior CourtCalifornia Supreme Court · 1977
- Lyon v. BarrettSupreme Court of New Jersey · 1982
- Bell v. Industrial Vangas, Inc.California Supreme Court · 1981
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3Cited by28 opinions
- Neighbours v. Buzz Oates EnterprisesCalifornia Court of Appeal · 1990
- Albillo v. Intermodal Container Services, Inc.California Court of Appeal · 2003
- Jones v. Kaiser Industries Corp.California Supreme Court · 1987
- Hunt Building Corp. v. BernickCalifornia Court of Appeal · 2000
- Cedillo v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
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