California Court of Appeal

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Millard v. Biosources, Inc., D049737

In case involving HVAC subcontractor's employee who was injured after the lights went out on the job, summary judgment for defendant general contractor is affirmed over plaintiff's claims that: 1) precedent did not bar his action as defendant retained control of the electrical work; 2) defendant owed a duty to him under Labor Code section 6304.5; 3) defendant's failure to exercise control of safety on the jobsite affirmatively contributed to plaintiff's injuries; 4) defendant failed to fulfill an assumed duty to determine the reason the lights went off previously; and 5) it should have been determined whether a cause of action for negligence per se was included in the action.

Appellate Information

  • Decided 11/15/2007
  • Published 11/15/2007


  • NARES, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Jeffrey M. Winter, for Plaintiff and Appellant.

  • For Appellees:
  • Walsh & Furcolo, Jason W. Wansor and Dinah McKean, San Diego, for Defendant and Respondent.
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