Up-Right, Inc. v. Van Erickson

Statement of the Case

This litigation arose out of a personal injury complaint filed by Mark DaFonte against cross-complainant Up-Right, Inc. (Up-Right). While DaFonte was employed by cross-defendant William Van Erickson (Van Erickson), he injured his arm on a piece of farm equipment manufactured by Up-Right. DaFonte was 15 years old at the time of the injury.

The cross-complaint at issue, filed by Up-Right against Van Erickson, seeks apportionment of fault, indemnity, and declaratory relief. Van Erickson filed a demurrer to this cross-complaint on the ground that Labor Code section 3864 bars any recovery by Up-Right against Van Erickson, the injured worker’s employer, in the absence of a written indemnity agreement. Since the existence of such an agreement was not alleged in the cross-complaint, the trial court sustained the demurrer.

Up-Right contends that under the circumstances of this case, i.e., “an employer who flagrantly violates numerous child protection laws, resulting in serious injury to an illegally employed fifteen (15) year old,” the workers’ compensation laws should not limit the employer’s liability. UpRight argues that Van Erickson’s exploitation of…