Gund

*187 This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James and Norma Gund-who do not work for the County-and *188 asked them to go check on a neighbor who had called 911 for help likely related to inclement weather. The Gunds unwittingly walked into a murder scene and were savagely attacked by the man who apparently had just murdered the neighbor and her boyfriend. The assailant fled.

The Gunds sued the County of Trinity and the deputy-Corporal Ron Whitman-for negligence and misrepresentation, alleging defendants created a special relationship with the Gunds and owed them a duty of care, which defendants breached by representing that the 911 call was likely weather-related and "probably no big deal" and by withholding information known to defendants suggesting a crime in progress-i.e., that the caller had whispered "help me," that the California Highway Patrol (CHP) dispatcher refrained from calling back when the call was disconnected out of concern the caller was in danger, and that no one answered when the county dispatcher called.

Defendants filed a motion for summary judgment on the ground that plaintiffs'

*189 exclusive remedy was workers'…