Eli Hall v. See's Candies Inc.
Published: Mar. 26, 2021 | Result Date: Mar. 2, 2021 | Filing Date: Mar. 28, 2019 |Case number: CGC-19-574875 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Andrew H. Wolff
(Law Office of Andrew Wolff PC)
Defendant
Christopher J. Beeman
(Clapp Moroney Vucinich Beeman Scheley)
Andrew K. Murphy
(Clapp, Moroney, Vucinich, Beeman & Scheley)
Facts
Eli Hall filed a lawsuit against defendant See's Candies Inc. after he suffered burns on his arm and shoulder from carrying a kettle of burning candy that overturned while working for defendant on a contractual basis.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent for failing to properly train plaintiff in conducting the job plaintiff was contracted to perform. Further, plaintiff contended that defendant failed to adequately provide safety equipment to employees and failed to provide plaintiff a safe working environment.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant argued that plaintiff expressly waived his right to file claims against See's for bodily injury when he signed his Employment Agreement. Moreover, defendant argued that plaintiff was a special employee and defendant was a special employer and therefore, plaintiff's negligent lawsuit was barred under the workers' compensation exclusivity rule.
Result
The court granted defendant's motion for summary judgment ruling that plaintiff's exclusive remedy is through workers' compensation.
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