June 30, 2022

Volume XII, Number 181

Advertisement
Advertisement

June 29, 2022

Subscribe to Latest Legal News and Analysis

June 28, 2022

Subscribe to Latest Legal News and Analysis

June 27, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Alzheimer’s Patients Are Not Liable for Injuries They May Inflict on Home Health Care Workers

Gregory v. Cott, 2014 WL 3805478 (Cal. S. Ct. 2014)

Carolyn Gregory was injured while providing in-home care for Lorraine Cott, an Alzheimer’s disease patient.  Gregory received workers’ compensation benefits but sued the Cotts for negligence and premises liability and asserted a claim against Lorraine for battery.  The trial court granted a defense motion for summary judgment based on the primary assumption of risk doctrine.  The California Court of Appeal and California Supreme Court affirmed, holding that “it is [Gregory’s] occupation to care for Alzheimer’s patients.  We do not hold that anyone who helps with such patients assumes the risk of injury.  The rule we adopt is limited to professional home health care workers who are trained and employed by an agency.”  See also LeFiell Mfg. Co. v. Superior Court, 2014 WL 3855046 (Cal. Ct. App. 2014) (Labor Code § 4558, which provides an exception to workers’ compensation exclusivity where there has been a knowing removal by the employer of a point of operation guard on a power press, did not apply in this case).

© 2022 Proskauer Rose LLP. National Law Review, Volume IV, Number 252
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Advertisement
Advertisement
Advertisement