Waggener

The question presented in this case is whether jurors are employees within the meaning of the Workers’ Compensation Act (Lab. Code, § 3600 et seq., hereinafter the Act), or are otherwise subject to the provisions of the Act, such that the Act provides the exclusive remedy to a juror injured while on jury service.

Facts

Plaintiff and appellant Rosemary Waggener alleges that she was injured when, while serving as a juror in a criminal trial, she slipped and fell exiting a jury box in Los Angeles Superior Court. Plaintiff sued defendant and respondent County of Los Angeles (County) for negligence and premises liability, seeking to recover damages for lost wages, hospital and medical expenses, and other unspecified damages.

The County moved for summary judgment, contending that the Act provides the sole and exclusive forum for redress of plaintiff’s complaints against the County. The trial court, concluding that plaintiff was an “employee” of the County within the meaning of the Act, granted the County’s motion for summary judgment, and dismissed the complaint. Plaintiff appeals the trial court’s determination that she was an employee of the County for purposes of the Act.…