ROGNESS v. ENGLISH MOSS JOINT VENTURERS

Docket No. A037063.

194 Cal.App.3d 190 (1987)

239 Cal. Rptr. 387

ROBERT ROGNESS et al., Plaintiffs and Appellants, v. ENGLISH MOSS JOINT VENTURERS et al., Defendants and Respondents.

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

August 19, 1987.


Attorney(s) appearing for the Case

COUNSEL

Michael J. Fitzpatrick and Hawkin, Blick & Fitzpatrick for Plaintiffs and Appellants.

Nelson, Perlov & Lee, Mary Acquesta, James D. Miller and Low, Ball & Lynch for Defendants and Respondents.


OPINION

SABRAW, J.

In this case we hold that an employee of one party in a joint venture is not as a matter of law also an employee of the joint venture itself or the other joint venturers and therefore is not limited to his workers' compensation remedy under the Labor Code in seeking recovery from the remaining joint venturers for alleged negligence.

Plaintiffs Robert Rogness and Michael Stern appeal from a judgment dismissing...

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