Bowen

Filed 6/17/24; Certified for Publication 7/15/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

EUGENE BOWEN,

Plaintiff and Appellant, v. A166793

BURNS & MCDONNELL

ENGINEERING COMPANY, INC., (San Francisco County et al., Super. Ct. No. CGC17561849) Defendants and Respondents.

While working inside a jet fuel tank at the San Francisco International Airport, Eugene Bowen fell from a ladder and was injured. At the time, Bowen was employed by sub-tier independent contractor Team Industrial Services, Inc. (Team). He sued general contractor Burns & McDonnell Engineering Company Inc. (Burns) and subcontractor HMT, LLC (HMT) (collectively defendants)—who hired Team—alleging a premises liability cause of action based on defendants’ negligence and negligent supervision. The trial court granted defendants’ respective motions for summary judgment based on the Privette doctrine (Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette)), which limits a hirer’s liability for on-the-job injuries…