Redfeather

In Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ], the Supreme Court held that a person who hires an independent contractor may not be held vicariously liable under the doctrine of peculiar risk for an on-the-job injury to an employee of that contractor. In this appeal, we hold that Privette applies where the contractor has expressly agreed in writing to indemnify the person who hired the independent contractor against such liability.

Facts

Chevron USA, Inc., contracted with the Pool Company to close down an oil well in Huntington Beach. The contract contained an express indemnity agreement requiring the Pool Company to indemnify Chevron against all liability for injury to an employee of the Pool Company.

Ralph Redfeather, an employee of the Pool Company, was injured in December 1989 when well pipe and down-hole equipment fell on him after coming loose from a hoisting mechanism. Redfeather sued Chevron and the supplier of certain grappling equipment, Blue Marlin Tool Company.

Trial began in April 1993. During the trial Redfeather settled with Blue Marlin for $75,000. On April 22, the jury returned a special verdict, which amounted…