OAKLAND — According to the Bay City News, an Alameda County employee was injured by a bullet fired from a mile away following the Oakland A’s game on July 4.
Oakland police responded to the Coliseum at about 9:30 p.m. to investigate injuries there, police said. Officers located three people who said they were injured by bullets. A fourth person turned up at a hospital on the Fourth of July and a fifth person told police on July 5. Police on July 7 said a sixth person told them of injuries suffered after the game.
The county employee, 26, required surgery after a whole bullet lodged in her hand.
A rifle was fired that night, Police said initially thought fans were struck by only bullet fragments. But earlier this week, police said officers using metal detectors on July 5 located fragments, deformed rounds and intact rounds.
Police said that some of the victims were struck by whole bullets. Patrons for the most part were unaware of the gunfire.
Police are offering an award of up to $20,000 for information leading to an arrest or arrests in the case. Anyone with information can call the department’s felony assault unit at (510) 238-3426.
Need A Workmen's Comp Attorney?
If you have trouble getting the help you need for a work injury. Please call the Law Office of Steven H. Henderson and Jill Stern-Henderson for a free consultation at (925) 427-1771.
When the Exclusive Remedy Rule does not apply.
Normally, when you are injured at work (California) the law protects both you and your employer under the no-fault ‘Exclusive Remedy’ doctrine. Simply put, under the Exclusive Remedy doctrine, the employer must follow the California Labor Code and provide certain benefits without regard to who was at fault for the injuries sustained by the employee. Most importantly, there are no pain and suffering damages in a Worker’s Compensation case.
However, in a Personal Injury case, you can recover Pain and Suffering damages. It is important to determine if you have what I call a ‘Crossover’ case. This means if you were injured at work and the injury was caused by someone who was not employed by the same employer. In that case, you would want an attorney who specializes in both Worker’s Compensation Law and Personal Injury.
You are a driver for Company X. While driving for work, Jane Doe runs a red-light and crashes into you causing personal injuries. You would have both a Personal Injury case and a Worker’s Compensation case. The cases entitled you to different damages.
While at work on a construction site, you step in a hole left uncovered by another contractor. You could have a cause of action against the contractor whose employee was responsible for covering the hole.
While at work on a construction site, you are standing on scaffolding that collapses. If you were the painter for example, you could have a cause of action against the contractor that built the scaffold.
Exception to Exclusive Remedy Rule:
Assault and battery claims have long been a recognized exception to the Exclusive Remedy rule.
A hotel security guard was threatened by his supervisor at gun point and told that he was going to blow the security guard’s head off (Herrick v. Quality Hotels, Inns & Resorts, Inc., (1993) 19 Cal.App.4th 1608, 1612-1614)
A waitress employee was violently struck and thrown down by the restaurant co-owner/employer (Magliulo v. Superior Court (1975) 47 Cal.App.3d 760, 762)
A co-employee attacked, beat, struck, assaulted, and raped plaintiff employee and employer engaged in positive misconduct by declining to suspend or discharge him (Meyer v. Graphic Arts International Union (1979) 88 Cal.App.3d 176, 177-179)
An employer attacked the employee without provocation, tearing his clothes and striking him in the face and body (Conway v. Globin (1951) 105 Cal.App.2d 495, 496-498).
Common sense notes from