Brittell

This appeal involves the scope of immunity of an employee under Labor Code section 3601, which makes the right to recover workers’ compensation for injury or death the exclusive remedy “against any other employee of the employer acting within the scope of his employment, . . .” Plaintiffs (husband and wife) sued husband’s coemployee (defendant) and certain others for injuries sustained by the husband at his place of employment. The employer’s workers’ compensation carrier (Pacific Employers Insurance Co.) filed a complaint-in-intervention to recover workers’ compensation benefits paid to husband. The trial court entered a summary judgment dismissing the action as to defendant. Plaintiffs and plaintiff-in-intervention appeal.

The pertinent facts are not in dispute. Plaintiff (husband) and defendant were employed by an automobile sales and service dealership, plaintiff as a line mechanic and defendant as the shop superintendent. On the day in question, the employer had scheduled a service department personnel meeting for 5 p.m. Shortly before 5 p.m., plaintiff was on his way from the wash room to his work area just as defendant was attempting to drive his personally owned…