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VUILLEMAINROY v. AMERICAN ROCK & ASPHALT

No. A080249.

83 Cal.Rptr.2d 269 (1999)

70 Cal.App.4th 1280

Diana VUILLEMAINROY et al., Plaintiffs and Appellants, v. AMERICAN ROCK & ASPHALT, INC., Defendant and Respondent.

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

March 26, 1999.

Attorney(s) appearing for the Case

Mark B. Jacobs, Marvin A. Jacobs, Jacobs Associates, San Francisco, B.E. Bergesen, III, Berkeley, for plaintiffs and appellants.

Nancy P. McCarthy, Law Offices of Nancy P. McCarthy, Elizabeth Williams, Law Offices of Elizabeth Williams, San Rafael, for defendant and respondent.

CORRIGAN, Acting P.J.

Here we are called upon to interpret the language of Supreme Court precedent and determine whether the exclusivity of the workers' compensation remedy bars recovery in tort to a family whose decedent was killed as a result of an employer's allegedly criminal negligence. We conclude this suit is barred by the Workers' Compensation Act.

Background

Plaintiffs' decedent Ray Vuillemainroy was killed in a workplace accident when the...

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