Hughes Aircraft Co. v. Superior Court

Cynthia Purifoy, Kathleen King, Becky Allan and Vera Sanchez sued Hughes Aircraft Company seeking damages for work injuries incurred from exposure to various chemical substances while working at the Fullerton facility as office employees. They concede Labor Code section 3602 et seq. is the exclusive remedy for work-related injuries but maintain because Hughes fraudulently concealed the existence and cause of their injuries, they come within the purview of section 3602, subdivision (b)(2). The trial court agreed and denied Hughes’s motion for summary judgment. We conclude the trial court erred in denying the motion.

I

King and the other three plaintiffs whom she supervised worked in building 607, approximately 50 feet from the manufacturing department. In 1992, they began experiencing headaches, sore throats, fatigue, sinus problems, chest pain and voice loss. In February 1993, King returned to work after suffering from a respiratory illness. Within a few hours, she again began coughing and experiencing difficulty in breathing.

King contacted John Gallucci at Hughes’s health and safety department. After confirming she worked near the manufacturing division, Gallucci…