Verdicts & Settlements

July 12, 2011

Daily Journal

SUMMARY JUDGMENT: Defense

CASE / NUMBER: Darren Jones vs. Arri and "E" Films, et al. / LC087844

COURT / DATE: Los Angeles Superior Van Nuys / March 1, 2011

JUDGE: Hon. Frank J. Johnson.

ATTORNEYS: Plaintiff - David Drexler (Law Offices of David Drexler, Sherman Oaks).

Defendant - Gina E. Och, Corine Zygelman (Murchison & Cumming LLP, Los Angeles); Joseph C. Owens (Lewis Brisbois Bisgaard & Smith LLP, Los Angeles).

FACTS: Plaintiff was injured after moving a film scanner for his employer down a city street for a customer.

PLAINTIFF'S CONTENTIONS: Plaintiff filed suit against his employer, a distributor of motion picture cameras, film scanning and processing equipment, and the buyer of said equipment, alleging negligence and products liability.

DEFENDANT'S CONTENTIONS: The distributor contended that the workers' compensation exclusive remedy barred plaintiff's claims. It further contended that the plaintiff failed to show he fell within the "defective product exception" codified at Labor Code Section 3602(b).

RESULT: The court granted summary judgment in favor of the defense.