Oxford

Plaintiffs are the heirs at law of decedents Rex Oxford and Richard Akins. They brought this action against Signal Oil & Gas Company, Howard Chase, Larney Hollick, and others, to recover damages for the wrongful deaths of the decedents, who were killed on February 10, 1967, in the explosion of a “spent caustic tank” belonging to Signal.

Intervener is the workmen’s compensation insurance carrier for the Transpacific Company, a company engaged in the business of supplying labor to the oil industry. At the time of death, decedents were in the general employment of Trans-Pacific, and plaintiffs received death benefit awards against that company pursuant to the workmen’s compensation law of this state. Intervener filed a complaint in intervention, seeking subrogation under Labor Code section 3852.

After issue was joined on the complaints, all defendants moved for summary judgment, alleging that decedents were Signal’s special employees, that they were killed in the course and scope of that employment, and that plaintiffs’ exclusive remedy was to proceed under the workmen’s compensation law. The motions were based on the affidavits of Donald R. Brand, Howard Chase and Larney…