Bell v. Greg Agee Construction Inc.

Douglas Bell appeals from a summary judgment in favor of general contractor Greg Agee Construction, Inc., and its principal Greg Agee (collectively Agee) on Bell’s complaint for personal injuries he sustained after a wall fell on him at his workplace. Agee successfully moved for summary judgment on the ground there was no evidence it affirmatively contributed to Bell’s injuries, and therefore Bell’s causes of action were barred by Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ] (Privette) and other cases adopting its rationale. On appeal, Bell contends the public policy rationales of Privette and its progeny do not apply because his employer was not covered by workers’ compensation insurance at the time of his accident. We conclude Bell’s employer’s uninsured status does not affect Agee’s liability (or lack thereof) under Privette , and accordingly affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2002, Bell, an employee of Kincaid Construction Co. (Kincaid), was working at a construction site when a gust of wind caused a framed wall to fall on him, injuring his back. Kincaid was the roofing subcontractor for the…