Caudel

Philip Caudel appeals from an order and judgment granting respondent East Bay Municipal Utility District’s motion for summary judgment. We reverse.

The accident out of which this lawsuit arose occurred on July 20, 1979. Appellant’s employer, Guy F. Atkinson Company (the contractor), had contracted with respondent to perform certain construction work on the San Pablo Dam in Orinda. Appellant was employed as a bulldozer operator on the construction project. All of the equipment used on the job was owned, maintained and serviced by the contractor. At the time of the accident, appellant was supervised by employees of the contractor.

Respondent maintained an engineer at the job site for general inspection purposes, in order to see that the contractor was following the contract specifications. The contract between respondent and the contractor provided that respondent’s engineer had authority over directing the course of the project work, but that liability for loss or damage due to accidents rested with the contractor. Respondent’s inspection engineer was present at the jobsite at all times that work was being performed, including the period from 11:30 p.m. to 8 a.m.

At the…