Tokerud

Tokerud v. Pacific Gas & Electric Co.

Good Law
25 F. App'x 584
United States Court of Appeals for the Ninth CircuitDecember 27, 2001Nos. 00-16903, 00-16904. D.C. No. CV-98-01409-CW. D.C. No. CV-94-1230-CWCalifornia818 words

Opinion

Lead Opinion

MEMORANDUM **

Phyllis Tokerud appeals the district court’s grant of summary judgment in favor of defendants on her claims of loss of consortium and wrongful death. Mrs. Tokerud also appeals the district court’s denial of her discovery motions, motions for sanctions, and other motions.

Defendants are not liable for any injury Mr. Tokerud may have received while working at the nuclear power plant. General Electric (“GE”) is protected under the exclusive remedy of California’s Workers’ Compensation Act. See Kennedy v. Southern California Edison Co., 268 F.3d 763 , 767 (9th Cir.2001); Hughes Aircraft Co. v. Superior Court, 44 Cal.App.4th 1790, 1794 , 52 Cal.Rptr.2d 514, 516 (1996). Mrs. Tokerud has not shown that GE actually knew of Mr. Tokerud’s injuries so as to be liable under the fraudulent concealment exception. See Foster v. Xerox *586 Corp., 40 Cal.3d 306 , 219 Cal.Rptr. 485 , 707 P.2d 858, 861 (Cal.1985).

The remaining defendants (“Non-Licensees”) are not liable because they owed no duty to Mr. Tokerud, as GE had sole responsibility for the radiation safety at the nuclear power plant and the electric steam generator. See Toland v. Sunland Housing Group, Inc., 18 Cal.4th 253…

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