Wright

Wright v. Beverly Fabrics, Inc.

Good Law
115 Cal. Rptr. 2d 503·2002 Cal. App. LEXIS 448·2002 Daily Journal DAR 667·95 Cal. App. 4th 346·67 Cal. Comp. Cases 51
Court of Appeal of CaliforniaJanuary 17, 2002F035445California3,710 words

Opinion

Opinion

Wiseman, J.

A prominent American playwright, journalist, and political figure, Clare Booth Luce, once said, “No good deed goes unpunished.” These words seem especially pertinent when considering the plight of plaintiff and respondent Paula Wright. Wright, by all accounts an excellent employee of defendant and appellant Beverly Fabrics, Inc., had come to the store on her day off to sign a condolence card and contribute money for two other employees who had lost family members. Unfortunately, while there, she injured her back as she helped hold up a collapsing shelf containing store merchandise.

Wright filed suit for negligence. Beverly Fabrics made numerous legal attempts to “nip it in the bud,” contending Wright’s remedy was confined to workers’ compensation. The court held, as a matter of law, Wright’s damages were not barred by the workers’ compensation exclusive remedy rule. A jury found in favor of Wright and awarded her in excess of $500,000.

On appeal, Wright argues the workers’ compensation exclusive remedy rule does not apply, as she was on the premises to engage in a voluntary social activity that exempts her from workers’ compensation benefits under Labor Code section…

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