White v. Capco Resource Corp.
This is an appeal from the judgment after trial in a wrongful death action by the parents of the decedent. The action was brought pursuant to Labor Code section 3706, which permits dependents of a deceased employee to bring a civil action for damages for the death of the decedent, caused by an employment related injury, against the employer of the decedent when the employer lacks workers compensation insurance. Defendant and appellant, Capco Resource Corporation, contends there was insufficient evidence to support the jurys findings that respondents were dependents of decedent and that appellants conduct was a cause of decedents death. Appellant also contends the trial court abused its discretion in (1) permitting respondents to reopen their case after appellants motion for nonsuit was granted, to introduce evidence that respondents were dependents of decedent; (2) excluding evidence of contracts appellant contends made decedent and his supervisor independent contractors rather than employees; (3) excluding evidence that decedent was under the influence of marijuana at the time of the incident resulting in his death; and (4) permitting the use of a special verdict form that required the jury to find whether appellants conduct was a cause of the incident resulting in decedents death, rather than a substantial factor in that incident.
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