McKown

The issue in this case is whether an injured employee of an independent contractor may sue the party who hired the contractor for providing unsafe equipment which allegedly contributed to the injury. We conclude such a claim is viable notwithstanding the general rule set forth in Privette v. Superior Court (1993) 5 Cal.4th 689 , 21 Cal.Rptr.2d 72 , 854 P.2d 721 (hereafter Privette ) and Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 , 74 Cal.Rptr.2d 878 , 955 P.2d 504 (hereafter Toland ) that an employee of an independent contractor may not sue the person hiring the contractor for injury resulting from the contractor's negligence.

Wal-Mart Stores, Inc. (Wal-Mart) hired plaintiffs employer, Musi-Cal, to install sound systems in several Wal-Mart stores, including one in Chino. The work involved running wires and installing speakers on the store ceilings.

Wal-Mart requested that Musi-Cal use the Wal-Mart stores' forklifts whenever possible in performing the work, including the Chino job. The Chino store had equipment for overhead work, consisting of a work platform with a four-foot extension. The extension was designed to be attached to the forks of a…