Lopez v. MVP Hydratech
Appellant was injured while repairing a machine at respondent MVP Hydratech, Inc. (Hydratech). Lopez sued Hydratech for negligence. Hydratech moved for summary judgment on the ground that Lopez was a special employee whose exclusive remedy was provided by workers compensation. (Lab. Code, 3602, subd. (a).) The superior court granted Hydratechs motion for summary judgment. Lopez appealed, claiming there was a triable issue of fact regarding whether he was a special employee of Hydratech.
Court conclude that the undisputed material facts establish that at the time of the accident Lopez was in the service of Hydratech and was acting under the directions and control of other Hydratech employees. Consequently, Court conclude as a matter of law that Lopez was a special employee of Hydratech, and his exclusive remedy is workers compensation. Therefore, the judgment is affirmed.
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