Laico

In this action based on premises liability and defective product design, the jury awarded damages against defendant Chevron U.S.A., Inc. (CUSA) for negligent management of the premises on which plaintiff Antonio Laico was injured. On appeal, we are asked to review the trial court’s denial of CUSA’s motions for nonsuit, judgment notwithstanding the verdict and a partial new trial. CUSA contends that it owed no duty as a landowner to protect Laico from injuries arising from his employment at the facility that occupied the premises. CUSA further argues that the jury’s findings of breach and causation are unsupported by the evidence, and that a new trial is necessary to apportion fault. We find merit in CUSA’s first argument and therefore must reverse the judgment.

Background

Between August 15, 1991 and December 31, 1992, plaintiff Antonio Laico was a “special employee” of Chevron Research and Technology Company (CRTC). CRTC was engaged in scientific and applied research relating to the petrochemical business. It operated engine laboratory facilities on property owned by CUSA. Laico’s job as a shift technician in the lube lab required him to test the performance of oils in…