Riley

Riley v. Southwest Marine, Inc.

Good Law
1988 Cal. App. LEXIS 773·203 Cal. App. 3d 1242·250 Cal. Rptr. 718
Court of Appeal of CaliforniaJuly 28, 1988D006578California6,418 words

Opinion

Opinion

Kremer, J.

Sherue Riley appeals the granting of a summary judgment to Southwest Marine, Inc., on his tort claims for personal injuries received while he was working at Southwest Marine. On appeal, Riley contends the trial court erred in determining Southwest Marine was his employer as a matter of law and in ruling he was statutorily barred from bringing a tort action against Southwest Marine. We find no errors and therefore aifirm.

Facts

In August or September 1982, Riley signed up with Manpower, Inc., a labor broker. Manpower sent Riley to Southwest Marine for work as a general laborer. Manpower paid Riley $4 per hour. Manpower did not provide Riley with any training, safety equipment, work tools or supervision for his work at Southwest Marine. Manpower dealt only with payroll matters, issuing Riley a check on submission of time cards and taking care of withholding social security, federal and state taxes, and paying premiums for unemployment insurance, workers’ compensation and Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) ( 33 U.S.C. § 901 et seq.) insurance. When Riley went to Southwest Marine, Southwest Marine gave him a preemployment physical examination.…

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