Herrick

Plaintiff, Anthony Diloia, dba Balloonatiks, sued defendant Dean Michael Herrick for property damage arising out of a motor vehicle accident, alleging Herrick became intoxicated with reckless disregard for the safety of persons and property, drove while under the influence of alcohol, failed to stop for a posted stop sign, and collided with plaintiffs truck being driven by plaintiffs employee. Plaintiff sought damages for interference with business interest, loss of employee’s services, loss of the goodwill of the business, and loss of business opportunities, and punitive damages. The trial court granted Herrick’s motion to strike plaintiffs claim for punitive damages but overruled his demurrer. Defendant Herrick seeks a writ of mandate or prohibition to compel the trial court to sustain his demurrer, contending the California Supreme Court has ruled California provides an employer no cause of action for negligent injury to his business employee. (Citing I.J. Weinrot & Son, Inc. v. Jackson, supra, 40 Cal.3d 327 (hereafter Weinrot).)

Plaintiff asserts Weinrot does not bar recovery for injury to his employee or his business because he has alleged intentional, rather than…