Arendell
Arendell v. Auto Parts Club, Inc.
Opinion
Opinion
King, J.
I. Introduction
In this case we hold that a tort action for an employer’s negligent or reckless failure to provide adequate premises security despite knowledge of danger to its employees is precluded by the exclusive remedy provisions of the workers’ compensation law (Lab. Code, §§ 3600, 3601, 3602).
Thomas J. Arendell and Chase Wilson appeal from a summary judgment, based on workers’ compensation exclusivity, in their personal injury action against their employer, Auto Parts Club, Inc. We affirm.
II. Background
On January 5, 1993, three youths assaulted Arendell and Wilson at gunpoint at the Auto Parts Club store in Oakland. The youths bound, gagged, threatened and robbed the two employees, and then kidnapped Arendell, releasing him about an hour later. Both employees suffered substantial and enduring emotional distress as a result of the incident and received workers’ compensation disability payments.
Arendell and Wilson filed a tort action against the Auto Parts Club, asserting causes of action for negligence, premises liability, and “serious and willful misconduct and reckless disregard.” The complaint alleged negligent and reckless failure to provide adequate…