CASO v. NIMROD PRODUCTIONS, INC.
163 Cal.App.4th 881 (2008)
CHRISTOPHER CASO et al., Plaintiffs and Appellants,
NIMROD PRODUCTIONS, INC., et al., Defendants and Respondents.
Court of Appeals of California, Second District, Division Seven.
May 14, 2008.
McNicholas & McNicholas, John P. McNicholas, Robert P. Wargo; and Joshua M. Merliss for Plaintiffs and Appellants.
Law Office of Thomas H. Edwards and Thomas H. Edwards for Defendants and Appellants.
PERLUSS, P. J.
Christopher Caso and his wife Anna Marie Caso appeal from the judgment entered in their personal injury action after the trial court granted summary judgment in favor of Peter O'Fallon, Merritt Yohnka and Randy Hall, as well as their respective loan-out corporations Ryan Productions, Inc. (RPI), Merritt Yohnka, Inc. (MYI), and Nimrod Productions, Inc. (NPI). The trial court ruled the Casos' claims were barred by workers' compensation exclusivity. We affirm.FACTUAL AND PROCEDURAL BACKGROUND
1. The Accident and the Lawsuit
Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt for a television show called M.D.'s, a program produced in 2002 by Touchstone Television Productions (Touchstone). Following the accident, the Casos sued O'Fallon, Yohnka and Hall, as well as RPI, MYI and NPI. Caso asserted claims for negligence; Anne Marie Caso alleged loss of consortium.1 According to the allegations in the complaint, the stunt Caso performed required him to fall through a scored drywall ceiling onto a collapsible gurney and crash pad. Yohnka, who was scheduled to be the stunt coordinator for the stunt, advised Caso and Touchstone a few days in advance that, due to an unforeseen scheduling conflict, he would be unavailable the date the stunt was to be performed. Pursuant to Yohnka's recommendation, Yohnka was replaced by Hall. On the day of the stunt, Hall and O'Fallon refused Caso's request to drill a hole in the ceiling and failed to ensure the center of the crash pad was properly placed. The crash pads, which had been provided by Yohnka, were also poorly maintained. Because of Yohnka's, Hall's and
O'Fallon's failure to prepare properly for the stunt, the Casos alleged, Caso fell to the ground at an improper angle, missing part of the crash pad and slamming his head on the ground.