Johnson v. Stratlaw, Inc.

In this appeal from a summary judgment entered in favor of defendant, plaintiffs assert the court erred in ruling their suit is barred by the exclusive remedy provisions of the Workers’ Compensation Act. (Lab. Code, § 3200 et seq.) We shall affirm the judgment.

Factual and Procedural Background

This case involves an automobile accident in which plaintiffs’ 16-year-old son, Daryl, was killed. Daryl worked part time at a Straw Hat pizza parlor owned and operated by defendant. Daryl’s father, Robert, also worked at the restaurant.

On Friday, September 4, 1987, Daryl worked as a dishwasher at the pizzeria from 5 p.m. to its closing at 1 a.m. He completed his chores after 2 a.m. and left the premises with his father, who had also been working. They got into their cars and started to drive home, each taking a different route to their house some 15 miles away. Daryl’s father arrived home first. Ten minutes later, when his son had still not arrived, Robert left to find him. Two miles from the house he came upon a sheriff’s car at an accident scene. Daryl had been involved in a single-car accident and emergency personnel were working to extricate him from the wreckage. Daryl…