Browne

Defendant Intel Corporation (Intel) hired defendant Turner Construction Company (Turner) to act as general contractor on a construction project. Turner hired Superior Automatic Sprinkler Co. (Superior) to install a fire sprinkler system. Plaintiff Guy Paul Browne, an employee of Superior, was injured in a fall from a ladder while working on the project. He brought this action against Turner and Intel, claiming that they acted negligently in removing from the work area, or causing to be removed, two means by which the fall could have been prevented, i.e., a system of safety lines intended to prevent just such injuries, and some hydraulic lifts (elevated work platforms) that would have permitted plaintiff to do the work without a ladder. The trial court granted summary judgment for defendants on the ground that their conduct did not affirmatively contribute to plaintiff’s injuries within the holding of Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 202 [ 115 Cal.Rptr.2d 853 , 38 P.3d 1081 ] (Hooker). We hold that this was error; the furnishing and abmpt withdrawal of safety equipment could be found to constitute negligent performance of a voluntary…