GOMEZ v. LINCARE, INC.

No. G040338.

173 Cal.App.4th 508 (2009)

___ Cal.Rptr.3d ___

JOSE GOMEZ et al., Plaintiffs and Appellants, v. LINCARE, INC., Defendant and Respondent.

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

April 3, 2009.


Attorney(s) appearing for the Case

David R. Greifinger; Howard A. Goldstein; Arias Ozzello & Gignac, Mark A. Ozzello, Mike Arias and Stephanie Lai for Plaintiffs and Appellants.

Drinker Biddle & Reath, Alan J. Lazarus, Cheryl D. Orr and Susan B. Burr for Defendant and Respondent.


OPINION

FYBEL, J.

INTRODUCTION

Defendant Lincare, Inc. (Lincare), provides respiratory services and medical equipment setup to patients in their homes. Plaintiffs Jose Gomez, Daniel Gutierrez, and Donny Talbot (collectively, plaintiffs) were service representatives for Lincare. Their job duties included driving vans containing liquid oxygen and compressed oxygen, which are defined by the federal government as hazardous materials...

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