Tucci v. Club Mediterranee, SA

Opinion

ALDRICH, J.

Introduction

After she was injured while at work in the Dominican Republic, plaintiff Gina Tucci brought a personal injury action in California against her employer, defendant Club Med. Once the case was at issue, the parties filed competing motions for summary judgment. In her motion, Tucci relied on the provision in the California workers’ compensation law (Lab. Code, § 3200 et seq.) 2 allowing her to avoid the law’s exclusivity to sue for damages in tort. Tucci claimed she was entitled to summary judgment on the issue of her employer’s negligence. In its motion, Club Med…