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Demurrer Sustained Based on Worker’s Compensation Defense


Los Angeles Superior Court sustains OLG’s demurrer to cross-complaint without leave to amend on issues of apportionment and negligence dismissing the case against OLG’s client.

The Plaintiff in this case alleged severe injuries arising out of a work-related product defect related to a punch press and sued the manufacturer for strict and negligent product liability. The manufacturer cross-complained against OLG’s client, who was Plaintiff’s employer. In a demurrer filed on behalf of its client, OLG argued that the cross-complaint against the employer constituted an improper attempt to circumvent the Workers’ Compensation Act restrictions which bar double recovery against an employer. The Court agreed and sustained the demurrer in favor of OLG’s client.