California Court of Appeal

In a personal injury action brought by an employee of a subcontractor against a licensed contractor who acted as an owner-builder for his home project on which plaintiff was injured, the trial court's entry of the jury's findings that defendant was negligent and was 40 percent at fault, is affirmed over defendant's claims that: 1) the court erred by failing to instruct the jury that a person who hires an independent contractor is not liable for injuries to the contractor's employee unless the hirer's negligent exercise of retained control 'affirmatively contributed' to the employee's injury; 2) insufficient evidence supported the jury's verdicts on both premises liability and negligence; 3) plaintiff's counsel committed misconduct by urging the jury to base its verdict on protecting the community; 4) the trial court erred by permitting plaintiff to recover past wages; and 5) the jury's award of future medical costs must be reduced because it was not supported by substantial evidence.

Appellate Information

• Published 2016/09/22

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel