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HORNEY v. GUY F. ATKINSON CO.

Docket No. 6298.

140 Cal.App.3d 923 (1983)

190 Cal. Rptr. 18

GAYLORD HORNEY, Plaintiff and Appellant, v. GUY F. ATKINSON COMPANY, Defendant and Respondent.

Court of Appeals of California, Fifth District.

March 16, 1983.

Attorney(s) appearing for the Case

COUNSEL

Canelo, Hansen & Wilson and Ronald W. Hansen for Plaintiff and Appellant.

Martin, Crabtree, Schmidt & Zeff and Thomas D. Zeff for Defendant and Respondent.

OPINION

BROWN (G.A.), P.J.

In this personal injury action plaintiff, Gaylord Horney, appeals1 from a summary judgment in favor of defendant Guy F. Atkinson Company (hereinafter Atkinson). The judgment is grounded upon the exclusive remedy immunity of an employer contained in Labor Code sections 3600 and 3601. Under the facts presented, the trial court held the "dual capacity" doctrine did not apply. The...

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