Brook v. Smithdorf
Filed 7/19/06 Brook v. Smithdorf CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| ELIZABETH BROOK, Plaintiff and Appellant, v. PIERRE ADRIAN SMITHDORF, Defendant and Respondent. | B186511 (Los Angeles County Super. Ct. No. BC311853) |
APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dunn, Judge. Reversed and remanded.
J. Shaffer Smith & Associates, J. Shaffer Smith and Claudia A. Smith for Plaintiff and Appellant.
Messina, Lalafarian, Mendel & Ryan and Daniel Lalafarian for Defendant and Respondent.
introduction
Plaintiff Elizabeth Brook appeals from a summary judgment in favor of defendant Pierre Adrian Smithdorf in this action to recover for personal injuries sustained by Brook when the car in which she was a passenger, driven by Smithdorf, collided with another car. The trial court granted summary judgment on the ground that Smithdorf and Brook were coemployees, and that Brook's exclusive remedy was in workers' compensation. We conclude that Smithdorf failed to demonstrate as a matter of law that he was acting â€
