Opinion

Torres v. Parkhouse Tire Service, Inc.

  • 111 Cal. Rptr. 2d 564
  • 26 Cal. 4th 995
  • 2001 D.A.R. 9391
  • 2001 Daily Journal DAR 9391
  • 30 P.3d 57
Court
California Supreme Court
Filed
Aug 30, 2001
Status
Published
Author
Brown
On the bench
Chin, Brown, Werdegar
Cited by
150 cases

noting that emotional flare-ups are expressions of human nature and “incidents inseparable from [people] working together.”

How later courts described this case

  • noting that emotional flare-ups are expressions of human nature and “incidents inseparable from [people] working together.”
  • “[I]f the statutory language permits more than one reasonable interpretation, courts may consider various extrinsic aids, including the purpose of the statute, the evils to be remedied, the legislative history, public policy, and the statutory scheme encompassing the statute.”

Written by the judges who cited it.

The opinion

BROWN, J., Concurring.

I sign the majority opinion with the understanding that the intent-to-injure requirement it articulates is limited to cases like this one where the determinative factual issue is whether the plaintiff’s injury was caused by a coemployee’s “willful and unprovoked physical act of aggression” (Lab. Code, § 3601, subd. (a)(1)) or, instead, by horseplay— even rough horseplay—for which workers’ compensation would be the exclusive remedy. Where this distinction is critical—that is, where the conduct in question is aggressive but might also be characterized as horseplay—the language of section 3601, subdivision (a)(1) provides insufficient guidance to juries. For such cases, we must find some appropriate measure for the jury to apply, and though we might direct juries to consider whether or not the conduct was marked by hostility or ill-will, these factors ultimately turn on whether the actor harbored an intent to injure. On the other hand, where the conduct in question clearly exhibits hostility, not merely high spirits or recklessness—such as in the case of a credible threat of injury (see maj. opn., ante, at p. 1006, fn. 6)—I see no reason to superimpose an intent-to-injure gloss on the statutory language, and I do not read the majority opinion as doing so.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.