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Legal Opinion

Sturtevant v. County of Monterey

California Court of Appeal

Decided March 18, 1991No. H006627PublishedCited by 10 opinions

1Opinion of the Court

Opinion

CAPACCIOLI, Acting P. J.

Holding

Workers’ compensation is not an employee’s exclusive remedy against an employer/hospital for its negligence in treating and thereby aggravating an industrial injury.

Statement of the Case

Plaintiff Louisa Sturtevant filed an action for medical malpractice against her employers County of Monterey and Natividad Medical Center and a co-employee, John W. Buckner, M.D. The county and medical center moved for summary judgment on the ground that workers’ compensation was her exclusive remedy. (See Lab. Code, §§ 3600, 3602.) The trial court agreed and entered…

2Cases cited26 opinions

  1. People v. KnowlesCalifornia Supreme Court · 1950
  2. Brown v. Kelly Broadcasting Co.California Supreme Court · 1989
  3. Cole v. Fair Oaks Fire Protection DistrictCalifornia Supreme Court · 1987
  4. People v. MorrisCalifornia Supreme Court · 1988
  5. Wildlife Alive v. ChickeringCalifornia Supreme Court · 1976

21 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hendy v. LosseCalifornia Supreme Court · 1991
  2. Dyke v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1993
  3. Suburban Hospital, Inc. v. KirsonCourt of Appeals of Maryland · 2000
  4. Weinstein v. St. Mary's Medical CenterCalifornia Court of Appeal · 1997
  5. Tatum v. Medical University of South CarolinaCourt of Appeals of South Carolina · 1999

5 more not listed; retrieve them via the Exa API.

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