Rogness

In this case we hold that an employee of one party in a joint venture is not as a matter of law also an employee of the joint venture itself or the other joint venturers and therefore is not limited to his workers’ compensation remedy under the Labor Code in seeking recovery from the remaining joint venturers for alleged negligence.

Plaintiffs Robert Rogness and Michael Stern appeal from a judgment dismissing their complaint for personal injury damages on defendants’ motion for summary judgment. We reverse.

Plaintiffs were employed as carpenters by defendant Monticello Homes, Inc. (Monticello). Their claims arose out of injuries allegedly suffered when a wall collapsed on them at a home construction site where they were working. Monticello was one of the joint venturers in defendant English Moss Joint Venturers which had been formed to construct the house where the accident occurred. The remaining defendants were either other joint venturers or were officers, directors or shareholders of corporate joint venturers.

As part of the overall workers’ compensation system, employees who are covered by that system are generally barred from pursuing tort actions against their…