New CA Torts Case, 4-1-25
New CA Torts Case
Is an injured school district volunteer limited to workers’ compensation damages?
Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Kuo v. Dublin Unified School Dist. (2025) _ Cal.App.5th _, 2025 WL 783206: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ action alleging the wrongful death of decedent Catherine Kuo after she was crushed between two vehicles while volunteering for a middle school program called the “Farmers to Families Food Box Program.” The trial court properly granted the motion for summary judgment. The Court of Appeal concluded that fatal injuries unambiguously fell into the category of “any injury” according to the plain meaning of Labor Code section 3364.5. Moreover, decedent was deemed an employee entitled to workers’ compensation benefits because defendant adopted a resolution stating, “in accordance with Section 3364.5 of the Labor Code, volunteers shall be entitled to Workers’ Compensation benefits for any injury sustained by him/her while in the performance of any service under the direction and control of the District Superintendent.” (C.A. 1st, March 12, 2025.)
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Until my next blog post, do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
