Howe

Howe v. Diversified Builders, Inc.

Good Law
1968 Cal. App. LEXIS 2363·262 Cal. App. 2d 741·69 Cal. Rptr. 56·33 Cal. Comp. Cases 898
Court of Appeal of CaliforniaJune 5, 1968Civ. 31607California1,839 words

Opinion

Opinion

Herndon, J.

Appellant, a resident of Nevada, brought this action seeking to recover damages for personal injuries sustained by him in the course of performing his work as a welder on a construction project in the State of Nevada. Defendants and respondents are California corporations and were the general contractors on this project. The work in which appellant was engaged at the time of his injury was being performed pursuant to a contract between him and. respondents, the terms of which were such as to classify him as a subcontractor under the pertinent provisions of Nevada’s workmen’s compensation law.

The trial court granted respondents’ motion for a summary judgment upon the basis of its holding as a matter of law that Nevada’s Industrial Insurance Act governed in determining the rights and duties of the parties and provided the exclusive remedy available to appellant. The trial court accordingly decided that appellant had no right to maintain this civil action for damages. We have concluded that the controlling law was correctly applied by the court below and that its judgment should be affirmed.

Appellant states his contentions as follows: (1) The trial court should have applied…

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