Soares v. City of Oakland

Opinion

PERLEY, J.

Appellant David C. Soares sued Zeddie Williams and their common employer, the City of Oakland, for a battery at a job site. Respondents prevailed in a jury trial. Appellant contends that the judgment must be reversed because of errors in the jury instructions and the special verdict form. The issue is whether the statute excepting “willful and unprovoked physical act[s] of aggression” by coemployees from the exclusive remedy of workers’ compensation covers all batteries at common law, or only those batteries committed with a specific intent to injure. (Lab. Code, § 3601,…