Orosco

Orosco v. Sun-Diamond Corp.

Good Law
1997 Cal. App. LEXIS 21·51 Cal. App. 4th 1659·60 Cal. Rptr. 2d 179·97 Daily Journal DAR 553·62 Cal. Comp. Cases 32
Court of Appeal of CaliforniaJanuary 14, 1997F023254California4,307 words

Opinion

Opinion

Vartabedian, J.

Appellant Joe Orosco lost his arm in an industrial accident. His employer, Sun-Maid Growers, Inc. (hereafter Sun-Maid), had workers’ compensation insurance under which appellant filed a claim. The question presented here is whether appellant may also recover, in tort, from respondent corporations engaged in various business pursuits with and on behalf of Sun-Maid. We conclude appellant has failed to raise a triable issue of material fact concerning respondents’ liability. (Code Civ. Proc., § 437c, subd. (c).) We affirm the judgment entered on the trial court’s order granting summary judgment for respondents.

Factual and Procedural History

The nature and cause of appellant’s injury are undisputed. On September 10, 1991, while appellant was repairing a raisin elevator, his arm became trapped when a fellow employee activated the elevator by means of a remote switch purposefully wired to bypass the safety switch at appellant’s location. Appellant’s arm was amputated at the shoulder.

Sun-Maid is an incorporated agricultural cooperative. Its members produce raisins and other fruit, which the cooperative processes, packages and sells. In 1983 or 1984, Sun-Maid installed the…

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