Duprey v. Shane

THE COURT.

In this malpractice action defendants appeal from a judgment entered on a jury verdict in plaintiff’s favor. Defendants’ chief contention is that because plaintiff was an employee of defendants Shane at the time she was injured, she may not recover damages in this action at law but may only receive compensation in a proceeding before the Industrial Accident Commission under the workmen’s compensation laws of this state. (See Lab. Code, § 3601.) A hearing was granted by this court, after decision by the District Court of Appeal, First Appellate District, Division One, for the purpose…