California Court of Appeal

Trial court's grant of summary judgment in favor of a subcontractor arising from injuries suffered by two employees of the general contractor is reversed as, neither common law nor the applicable construction contract created a duty on the part of the subcontractor to take affirmative steps to protect those working for other employers from hazards not created by the subcontractor, but the subcontractor did have a duty of care created by applicable workplace safety statutes and regulations requiring the subcontractor to report hazards to which its employees were exposed, and under California law, one who breaches such a duty is liable in tort.

Appellate Information

• Decided 12/18/2009
• Published 12/18/2009

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Corsiglia McMahon & Allard, Bradley M. Corsiglia, San Jose, and Jeffry W. Lochner, Los Gatos, for Appellants.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Christopher J. Nevis, Richard G. Garcia, and Matthew B. Stucky, San Diego, for Respondent.