Facts

Plaintiff sued his former employer American Marble & Granite Co. and his former supervisor John Vega after he was injured on the job and later terminated.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was injured on the job when granite particles from the grinder machinery injured his eyes. Plaintiff also experienced other physical pain from constant, repetitive movements he had to perform during the course and scope of his employment. He claimed that after he returned to work following a doctor's appointment, Vega told him he was terminated due to his requests to attend doctor's appointments.

He asserted causes of action against American Marble only for disability discrimination, retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, failure to engage in the interactive process and failure to provide reasonable accommodation. He asserted causes of action against all other defendants for negligence, or negligence per se, failure to prevent discrimination, negligent hiring, and negligence.

DEFENDANT'S CONTENTIONS:
Vega contended in his demurrer that the workers' compensation exclusive remedy barred plaintiff's negligence claims and that he was an improper defendant with respect to the failure to prevent discrimination claim.

Result

The court sustained Vega's demurrer without leave to amend.