SEABRIGHT INS. CO. v. US Airways, Inc.

Hodson & Mullin, Samuel C. Mullin; O'Mara & Padilla and Michael Padilla for Intervener and Appellant.

Dimalanta Clark, Lee W. Clark, Lisa A. Lenoci; Kenney & Markowitz, Stephan E. Kyle and Elizabeth D. Rhodes for Defendant and Respondent.

RIVERA, J.—

Plaintiff SeaBright Insurance Company (SeaBright) and intervener Anthony Verdon Lujan (Verdon) (collectively appellants) appeal after the trial court granted summary judgment in favor of defendant U.S. Airways, Inc., in this personal injury action. They contend on appeal that the trial court erroneously applied the rule of the Privette-Toland line of cases to conclude that the hirer of Verdon's employer could not be liable for Verdon's injuries. ( Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ] ( Privette ); Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 [ 74 Cal.Rptr.2d 878 , 955 P.2d 504 ] ( Toland ).) We agree and reverse.

SeaBright brought this action for subrogation against the City and County of San Francisco/San Francisco International Airport (the Airport), America West Airlines, Inc., [1] and others, alleging that it was the workers' compensation carrier for Verdon's…