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TORRES v. PARKHOUSE TIRE SERVICE, INC.

No. S084105.

111 Cal.Rptr.2d 564 (2001)

26 Cal.4th 995

30 P.3d 57

Manuel TORRES et al., Plaintiffs and Appellants, v. PARKHOUSE TIRE SERVICE, INC., et al., Defendants and Respondents.

Supreme Court of California.

August 30, 2001.

Attorney(s) appearing for the Case

Moreno & Associates, Andres Moreno and William Baker, Chula Vista, for Plaintiffs and Appellants.

Law Offices of Martina A. Silas and Martina A. Silas, Encino, for Worksafe! and Communities for a Better Environment as Amici Curiae on behalf of Plaintiffs and Appellants.

Post, Kirby, Noonan & Sweat and David B. Oberholtzer, San Diego, for Defendant and Respondent Roy G. Naas.

Wolfe, Axtmann, David G. Axtmann; Booth, Mitchell & Strange and Richard F. Wolfe, San Diego, for Defendant and Respondent Parkhouse Tire Service, Inc.

Latham & Watkins, Joel E. Krischer and Kathryn M. Davis, Los Angeles, for Employers Group as Amicus Curiae on behalf of Defendants and Respondents.

CHIN, J.

Under an exception to the exclusivity of workers' compensation remedies, an injured employee may bring a civil action against another employee "[w]hen the injury or death is proximately caused by the willful and unprovoked physical act of aggression of the other employee." (Lab. Code,1 § 3601, subd. (a)(1).) The question we address is whether, as a general rule, a trial court...

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