Rogness v. English Moss Joint Venturers

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 their complaint for personal injury damages on defendants’ motion for summary judgment. We reverse.

Plaintiffs were employed as carpenters by defendant Monticello Homes, Inc. (Monticello). Their claims arose out of injuries allegedly suffered when a wall collapsed on them at a home construction site where they were working. Monticello was one of the joint venturers in defendant English Moss Joint Venturers which had been formed to construct the house where the accident occurred. The remaining defendants were either other joint

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venturers or were officers, directors or shareholders of corporate joint venturers.

As part of the overall workers’ compensation system, employees who are covered by that system are generally barred from pursuing tort actions against their employers for injuries suffered during the course of their employment. (Lab. Code, § 3601.)

1

Based on plaintiffs’ status as employees of Monticello, that defendant successfully demurred to the complaint. After the demurrer was sustained without leave to amend as to Monticello, the remaining defendants brought motions for summary judgment. They asserted that plaintiffs’ claims were barred because, as joint venturers with Monticello, they were also entitled to the protection of Labor Code section 3601. Two of the undisputed material facts relied upon by defendants in support of their motions were that, at the time of the subject accident, plaintiffs: (1) were employed by Monticello; and (2) were injured while acting within the scope of their professions as carpenters for Monticello.

Plaintiffs brought their own motion for partial summary adjudication. They asked the court to rule there was no dispute of material fact regarding their assertion that they were employed solely by Monticello and, therefore, defendants were not entitled to the protection of Labor Code section 3601.