California Court of Appeal

In a negligence case brought by an individual injured while working for a subcontractor at a home construction site, summary judgment for defendant-general contractor under the Privette-Toland doctrine is affirmed where, even if decisions in certain cases were rejected and the approach in Evard v. Southern California Edison, 153 Cal.App.4th 137 (2007), was followed, the Cal-OSHA regulation that plaintiff relied on was in insufficient to create a triable issue of material face on the record.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Oreck & Oreck, Eugene R. Oreck, Oakland;  Paoli & Geerhart, Thomas Alan Paoli, San Francisco, for Plaintiff and Appellant.


• For Appellees:
  
• Archer Norris, William H. Staples, W. Eric Blumhardt and Kimberly M. Amick, Walnut Creek, for Defendant and Respondent.