Minster

In this opinion we consider whether, under Privette v. Superior Court (1993) 5 Cal.4th 689 , 21 Cal.Rptr.2d 72 , 854 P.2d 721 ( Privette ) and Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 , 74 Cal.Rptr.2d 878 , 955 P.2d 504 ( Toland ), an employee of an independent contractor may pursue a claim for negligent hiring against a hirer of the independent contractor. For the same policy reasons expressed in Privette and Toland , we hold that the employee may not pursue such a claim because a hirer's duty to exercise reasonable care in employing a competent and careful independent contractor with the skills necessary to perform the work without creating an unreasonable risk of injury to others does not extend to an employee of the independent contractor.

In the matter before us, John Minster, an employee of an independent contractor allegedly hired by respondent Contadina Foods, Inc. (Contadina), [1] filed a complaint seeking damages from numerous defendants for asbestos-related injuries. As against Contadina, he alleged he had been exposed to asbestos while doing insulation work as an employee of Plant Asbestos (Plant) at the Contadina Cannery in 1965.…