Snyder

Plaintiff Mikayla M. Snyder, a minor, alleges she was injured in útero when her mother, Naomi Snyder, breathed carbon monoxide gas in amounts toxic to both Naomi and Mikayla. The injury occurred at Naomi’s workplace, a store owned and operated by defendant Michael’s Stores, Inc., during Naomi’s employment. The trial court granted Michael’s Stores’ demurrer on the ground the action was barred by Labor Code sections 3600-3602, 1 providing that workers’ compensation proceedings are the exclusive remedy for injuries to employees arising out of their employment. The court so ruled under the compulsion of Bell v. Macy’s California (1989) 212 Cal.App.3d 1442 [ 261 Cal.Rptr. 447 ] (Bell), which held fetal injuries are, as a matter of law, derivative of injury to the pregnant mother. (Id. at pp. 1453-1454.) The Court of Appeal in the present case reversed, explicitly rejecting Bell’s rationale and holding.

We agree with the appellate court below and will affirm its judgment. Section 3600 bars personal injury actions against an employer only “for any injury sustained by his or her employees arising out of and in the course of the employment.” Mikayla’s action is for her own…