Newport Beach
Newport Beach
Los Angeles
Las Vegas
San Diego
Oakland
Phoenix
Reno
Riverside
Denver
North San Diego
(949)221-1000 (949)221-1001 20320 S.W. Birch Street Second Floor, Newport Beach CA 92660
(818)712-9800 (818)712-9900 21215 Burbank Blvd. Suite 500, Woodland Hills CA 91367
(702)258-6665 (702)258-6662 1160 N Town Center Dr Suite 250, Las Vegas NV 89144
(619)236-0048 (619)236-0047 501 West Broadway Suite 1700, San Diego CA 92101
(510)540-4881 (510)540-4889 300 Frank H Ogawa Plaza Suite 355, Oakland CA 94612
(602)274-1204 (602)274-1205 8950 South 52nd St Suite 201, Tempe AZ 85284
(775)440-2389 (775) 440-2390 50 West Liberty Suite 1090, Reno NV 89501
(951)276-9020 (951)276-9022 5225 Canyon Crest Dr. Suite 71-363, Riverside CA 92507
(720) 779-2500 (303)256-6205 1675 Broadway, Suite 1850, Denver CO 80202
(760)557-2940 (619)389-2993 760 Garden View Ct. Unit #100 Encinitas, CA 92024

COURT OF APPEAL TO TAKE BWB&O’S WRIT PETITION ON PLAINTIFFS’ ATTEMPT TO RADICALLY EXPAND EMPLOYER LIABILITY

Bremer Whyte Brown & O’Meara’s client is being sued by invitees to an employee’s home arising from the employee’s son’s PTSD-driven shooting. Plaintiffs, in an attempt to drastically expand an employer’s duty when an employee works from home, contend that an employer must both ensure an employee’s home is safe for invitees regardless of whether the employer has any knowledge of the invitees and investigate the personal information of anyone residing in an employee’s home. When the trial court denied BWB&O’s motion for summary judgment despite agreeing that the employer  “has good grounds for asserting that it has no liability” and that “imposing liability on employers for intentional torts, such as mass shootings, that occur at the home of an employee who works from home is very troubling,” BWB&O and appellate counsel, Horvitz & Levy, sought immediate appellate relief. The Court of Appeal, agreeing that BWB&O’s client has no other adequate remedy at law and that the issue presented on appeal should be decided prior to trial, issued an order to show cause. Consequently, the Court of Appeal will issue a written opinion on whether employer liability can be expanded to the extreme degree sought by Plaintiffs. Given the impact of COVID-19 on employers and employees throughout California and the rest of the United States, with millions of employees working from home in varying degrees, the potential impact of the Court of Appeal’s eventual decision cannot be underestimated.

Partner August Hotchkin (who handles general liability cases throughout Northern California and Northern Nevada) is BWB&O’s point person on this matter and he proactively set up the battle on the employer’s terms by filing two rounds of aggressive motion practice before taking the fight to the Court of Appeal. Mr. Hotchkin can be reached at BWB&O’s Reno office if you have any questions regarding this matter. BWB&O will keep the legal community advised as to the ultimate outcome of this all-important battle on behalf of employers.