California Court of Appeal

In a suit brought by a husband and wife based on injuries sustained after the husband, an independent contractor, was injured on a worksite on which the defendant was operating as the general contractor, judgment against the plaintiffs is reversed, where: 1) the trial court properly granted the defendant's motion for summary judgment on a breach of regulatory duty theory of recovery, as the defendant delegated its obligation to comply with Cal-OSHA workplace regulations to the plaintiff; but 2) the trial court erred in granting the defendant's motion for summary judgment on the plaintiffs' retained control theory of direct liability, since the plaintiffs offered sufficient evidence of a triable issue on affirmative contribution.

Appellate Information

• Decided 01/26/2012
• Published 01/26/2012

Judges

• Reardon

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Clayeo C. Arnold, Horvitz & Levy