EVARD

I. INTRODUCTION

An employee of an independent contractor sued the owners of a billboard, who hired the independent contractor, for injuries the employee incurred when he fell from, the billboard. The issue in this appeal is whether a billboard safety regulation created a nondelegable duty owed by the billboard owners to the employee, and if it did, whether the owners breached that duty.

Plaintiffs Daniel Evard and Christina Evard, and defendant and cross-complainant Southern California Edison (SCE), appeal from a summary judgment entered for defendants Heywood Outdoor Advertising, Inc. (Heywood), and Western Empire Industries, Inc. (Western Empire), in plaintiffs’ personal injury action. Heywood and Western Empire owned an outdoor billboard and hired Evard’s employer as an independent contractor to perform work on that billboard. Evard was injured during this work. Although workers’ compensation covered Evard’s injuries, he and SCE also seek to hold Heywood and Western Empire, the hirers of his independent contractor employer, liable for his injuries. We find that Evard and SCE have shown that a triable issue of fact exists as to whether Heywood and Western Empire…