Waste Management Inc. v. Superior Court

The Turley Law Firm and William Turley for Real Parties in Interest.

McCONNELL, P.J.

Rafael Peralta Rios (Rafael) was killed by a trash truck while working as a mechanic for Waste Management of California, Inc. (WMCI). His wife and children (collectively the Peraltas) filed a workers' compensation claim against WMCI. [1] They also sued Waste Management, Inc. and USA Waste of California (together WMI) for negligence and wrongful death, alleging WMI controlled the budget of WMCI, its subsidiary, and thereby prevented WMCI from replacing or repairing dangerous and improperly maintained trash trucks, including the one that killed Rafael. The court overruled WMI's demurrer to the first amended complaint (complaint) and denied its motion to strike the Peraltas' claim for punitive damages. We conclude the Peraltas cannot state a cause of action against WMI and accordingly grant its petition for writ of mandate.

The complaint alleges [2] WMI and WMCI are separate entities. The trash truck that killed Rafael was in disrepair due to the acts or omissions of WMI, specifically WMI's control of WMCI's budget, which prevented WMCI from repairing or replacing the truck. WMI breached its duty…

As the majority acknowledges, an injured employee who recovers workers’ compensation benefits from an employer may also pursue a separate civil action against third parties for damages caused by their independent, tortious acts: “The claim of an employee ... for compensation does not affect his or her claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer.” (Lab. Code, § 3852.)

“The [Workers’ Compensation] Act’s exclusivity clause applies to work-related injuries regardless of fault, including those attributable to the employer’s negligence or misconduct [citation], as well as the employer’s failure to provide a safe workplace [citation]. But the exclusivity clause does not preclude the employee from suing anyone else whose conduct was a proximate cause of the injury.” (Privette v. Superior Court (1993) 5 Cal.4th 689, 697 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ].) Further, as the majority also recognizes, this rule permits the employee to sue the parent company of the employee’s employer for its own independent acts of negligence or other misconduct. (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 601…

*108 Opinion

Rafael Peralta Rios (Rafael) was killed by a trash track while working as a mechanic for Waste Management of California, Inc. (WMCI). His wife and children (collectively the Peraltas) filed a workers’ compensation claim against WMCI. 1 They also sued Waste Management, Inc. and USA Waste of California (together WMI) for negligence and wrongful death, alleging WMI controlled the budget of WMCI, its subsidiary, and thereby prevented WMCI from replacing or repairing dangerous and improperly maintained trash tracks, including the one that killed Rafael. The court overruled WMI’s demurrer to the first amended complaint (complaint) and denied its motion to strike the Peraltas’ claim for punitive damages. We conclude the Peraltas cannot state a cause of action against WMI and accordingly grant its petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint, alleges 2 WMI and WMCI are separate entities. The trash track that killed Rafael was in disrepair due to the acts or omissions of WMI, specifically WMI’s control of WMCI’s budget, which prevented WMCI from repairing or replacing the track. WMI breached its duty of care to Rafael by ordering WMCI not to…