Tucci

Introduction

After she was injured while at work in the Dominican Republic, plaintiff Gina Tucci brought a personal injury action in California against her employer, defendant Club Med. Once the case was at issue, the parties filed competing motions for summary judgment. In her motion, Tucci relied on the provision in the California workers’ compensation law (Lab. Code, § 3200 et seq.) allowing her to avoid the law’s exclusivity to sue for damages in tort. Tucci claimed she was entitled to summary judgment on the issue of her employer’s negligence. In its motion, Club Med acknowledged the jurisdiction of the California courts but contended that under applicable choice of law principles, the law of the Dominican Republic governed and precluded Tucci’s tort action against her employer. Ruling that the law of the Dominican Republic applied, the trial court granted Club Med summary judgment and denied Tucci’s motion. We conclude, pursuant to established choice of law principles, that the trial court was correct. Accordingly, we affirm the judgment.

Factual and Procedural Background

The facts are undisputed. Tucci, a California resident, accepted by telephone the offef to…