PALMDALE – A $40 million dollar lawsuit brought against the City of Palmdale by four former lifeguards has been dismissed with prejudice by Los Angeles Superior Court Judge Amy D. Hogue.
“The City is pleased that the court agreed with the City that the plaintiffs’ lawsuit was inappropriate and dismissed the matter,” said Palmdale City Attorney Matthew Ditzhazy. “It should be noted that any alleged injuries these employees may have sustained were fully covered under the workers’ compensation system. This lawsuit was an attempt to do an end-run around that system and the court agreed with the City that was what it was and dismissed the case. The City wishes all its former lifeguards nothing but the best in their future endeavors.”
Jon Rambus, Alec Calzada, Lauren Flores and Meredith Gross (through her guardian) were suing the City of Palmdale and five then-employees of the City for intentional infliction of emotional distress and false imprisonment.
The former lifeguards claimed they suffered physical and emotional injuries while participating in pre-service training in early June of 2010 prior to the start of the swimming pool season at the City’s pools.
They claimed the “military-type” training, which was conducted by City staff, had them participating in unnecessary and excessive exercise for extended periods of time without breaks. They also claimed they were unable to leave the pool area until the completion of training because they were in fear of losing their jobs.
City attorneys said the plaintiffs’ claims for intentional infliction of emotional distress were barred by the exclusive remedy doctrine of California’s workers’ compensation law.
“This lawsuit was an unnecessary waste of staff time and taxpayer money as it was clearly a workers’ compensation matter,” said Deputy City Attorney Noel Doran. “The workers’ compensation system was put in place precisely for situations like this, so that employees would be adequately protected while employers are insulated from unnecessary personal injury lawsuits.”
City attorneys also claimed there were no facts to support any claims of false imprisonment.
Read more on the City’s response to the allegations here.
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ed says
The story is not over. The Parris firm already said an appeal will be filed. Palmdale will have to spend more tax money.
James Shanbrom says
The City of Palmdale looks like a good target for lawsuits. People think that they have deep pockets; they don’t. Please do not close the pools. The residents need the facilities.
William says
Every time Parris loses a lawsuit, an angel gets its wings.
So, aren’t the Mongols’s and the ACLU’s lawsuits still pending?
Didn’t Palmdale get the go ahead with its power plant after Lancaster tried to stop it?
Is the Walmart across from Quartz Hill High School still going forward or what?
Whatever happened to the outdoor shopping center across from Lancaster’s park on 10th West after the city paid to cover the dry creek?
Bizz says
Also agree: “The workers’ compensation system was put in place precisely for situations like this, so that employees would be adequately protected while employers are insulated from unnecessary personal injury lawsuits.”
Bizz says
Gotta agree– “This lawsuit was an unnecessary waste of staff time and taxpayer money as it was clearly a workers’ compensation matter,” said Deputy City Attorney Noel Doran.
AV Town Crier says
What this story didn’t say was that the attorney representing the lifeguards as ole loveable R. Rex Parris.
David Cox says
True, AV Town Crier. The legal group representing the lifeguards was the R. Rex Parris law firm. Click on the hyperlink at the end of the AV Times’ story and you’ll see his name by scrolling all the way down the complaint.
Every lawyer doesn’t bat 1.000. You win some, you lose some. Seeing that this suit was in the tens of millions of dollars, I’d call that a win for the citizens of Palmdale, who fund their city government. Hope all concerned in this suit learn how to forgive the others involved and move forward in their lives. Justice from an earthly courtroom is rarely perfect and complete.
Stinger says
Glad to see that the City of Palmdale wisely used real attorneys who actually know the law instead of an ‘attorney’ who just blusters about in court and public. The result was predictable.
lucas says
Good job, very good job by Deputy City Attorney Noel Doran. And yes I agree wit you Stinger.