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FRANCO v. UNITED WHOLESALE LUMBER CO.

Docket No. 68270.

148 Cal.App.3d 981 (1983)

196 Cal. Rptr. 430

ERNESTO FRANCO, Plaintiff and Appellant, v. UNITED WHOLESALE LUMBER COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

November 15, 1983.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Hemming and Beth Fredrick for Plaintiff and Appellant.

Wells & Barber and Virgil R. Wells for Defendant and Respondent.

OPINION

KINGSLEY, J.

Plaintiff appeals from a summary judgment in an action for personal injuries. We affirm.

(1a) The sole issue now before us is whether plaintiff's claim against defendant (his employer) is barred by the "exclusivity" provision of the worker's compensation law, or whether his action at law is permissible under the so-called "dual capacity" exception to that rule. The trial court held that the...

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