Supreme Court of California

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Tverberg v. Fillner Constr., Inc., S169753

In an independent contractor's suit against a general contractor for his injuries sustained at a construction jobsite, the Court of Appeal's reversal of the trial court's grant of general contractor's motion for summary judgment is reversed and remanded as the doctrine of peculiar risk does not apply when, as here, an on-the-job injured independent contractor hired by a subcontractor seeks to hold the general contractor vicariously liable for injuries arising from risks inherent in the nature of the location of the hired work, over which the independent contractor has, through the chain of delegation, been granted control.

Appellate Information

  • Submitted 06/28/2010
  • Decided 06/28/2010
  • Published 06/28/2010

Judges

  • <a href="http://pview.findlaw.com/view/1267024_1">KENNARD, J.</a>

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1556553_1">Kirk J. Wolden</a>, <a href="http://pview.findlaw.com/view/1210720_1">David M. Axelrad,</a>