Hernandez

Hernandez v. General Adjustment Bureau

Good Law
1988 Cal. App. LEXIS 266·199 Cal. App. 3d 999·245 Cal. Rptr. 288·53 Cal. Comp. Cases 128
Court of Appeal of CaliforniaMarch 24, 1988No. B024083California2,773 words

Opinion

Lead Opinion

Woods, J.

Appellant Connie Lee Hernandez brought an action against respondents General Adjustment Bureau, an independent insurance adjuster, and its employee Diane Campbell, alleging causes of action for breach of statutory duties (Ins. Code, § 790.03), and both negligent and intentional infliction of emotional harm in connection with respondents’ handling of workers’ compensation benefits due her. Respondents’ demurrer was sustained without leave to amend and this appeal followed.

As set forth in the complaint, the facts are as follows: Appellant was employed by Circle K Corporation as a clerk at one of its markets. In September 1984, while so employed, she was robbed at gunpoint. Two weeks later she was threatened by several youths who entered and stole merchandise from the store. Appellant was required to testify at the trial of the person accused of the September robbery. At trial, she was subjected to intense pressure and intimidation by members of the accused’s family, putting her in fear for her safety.

As a result of these incidents, appellant’s mental and emotional health deteriorated to the point that she was unable to continue working. She filed *1002 a claim for…

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