Huffman

Appellant David W. Huffman, an actor in a musical play coproduced by Reunion Productions (Reunion) and respondent Arts Alive! Foundation (AAF), was injured while rehearsing the play at a facility owned and operated by respondent City of Poway (City). Huffman’s lawsuit alleged claims for negligence against AAF and for premises liability (Gov. Code, § 835) against City. The jury found in favor of Huffman, assessed comparative negligence among the parties, and awarded damages of $93,700.

However, the trial court entered judgments in favor of AAF and City. First, the trial court ruled that because AAF was Huffman’s employer and had secured workers’ compensation protection, Huffman’s exclusive remedy was to collect workers’ compensation benefits and he could not pursue a tort claim against AAF. Second, the trial court ruled City was not liable under Government Code section 835 because Huffman was injured on property that City did not own or control. Huffman’s appeal challenges both rulings.

I

Factual Background

A. The Actors

Reunion produced the musical play Dracul at the San Diego Lyceum Theater (the Lyceum) during the summer of 1995. Huffman was a professional actor…