California, United States of America
The following excerpt is from Perry v. Heavenly Valley, 163 Cal.App.3d 495, 209 Cal.Rptr. 771 (Cal. App. 1985):
Heavenly demurred and filed a motion to dismiss, asserting the court did not have subject matter jurisdiction because plaintiff's exclusive remedy was under the Workers' Compensation Act. Plaintiff contended she was entitled to bring a common law action for negligence against Heavenly under the "dual capacity doctrine" established in Duprey v. Shane (1952) 39 Cal.2d 781, 249 P.2d 8. The trial court overruled the demurrer and denied the motion to dismiss.
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