Moehring v. Thomas
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION†]
1Opinion of the Court
Opinion
SCOTLAND, P. J.
While maintaining fire roads in the Klamath National Forest, Mark Titus was struck and killed by machinery being operated by Mark Thomas (defendant). Titus and defendant, doing business as Mark Thomas Logging, had been employed by a contractor awarded the job of maintaining the fire roads. After Titus’s heirs and family (plaintiffs) recovered workers’ compensation benefits, they sued defendant for negligently causing Titus’s death. The trial court entered summary judgment in defendant’s favor, ruling that he was a fellow employee and, therefore, workers’ compensation was…
2Cases cited10 opinions
- People v. HowardCalifornia Supreme Court · 1992
- Hendy v. LosseCalifornia Supreme Court · 1991
- In Re SmithCalifornia Supreme Court · 1904
- State Compensation Insurance Fund v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1985
- Fraenkel v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1953
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3Cited by8 opinions
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- Shaw v. People Ex Rel. ChiangCalifornia Court of Appeal · 2009
- Picayune Rancheria of Chukchansi Indians v. BrownCalifornia Court of Appeal · 2014
- Jones v. Sorenson, California Court of Appeal, 5th District2018
3 more not listed; retrieve them via the Exa API.