Khosh

Khosh v. Staples Construction

Good Law
2016 Cal. App. LEXIS 902·208 Cal. Rptr. 3d 699·4 Cal. App. 5th 712·81 Cal. Comp. Cases 1160
Court of Appeal of CaliforniaOctober 26, 20162d Civil B268937California3,151 words

Opinion

Opinion

Tangeman, J.

*714 An employee of an independent contractor generally may not recover tort damages for work-related injuries from the contractor's hirer. ( Privette v. Superior Court (1993) 5 Cal.4th 689 , 702, 21 Cal.Rptr.2d 72 , 854 P.2d 721 ( Privette ).) There are exceptions to this rule but they do not *715 apply here. We decide that the trial court correctly granted a motion for summary judgment against the injured employee when he failed to present evidence that respondent affirmatively contributed to his injuries. As a result, there were no triable issues of material fact on his theory that either the retained control exception or the nondelegable duty exception applied.

Al Khosh was injured while performing electrical work at California State University Channel Islands (the University). He was employed by Myers Power Products, Inc. (Myers), a subcontractor on the project. Khosh sued the general contractor, Staples Construction Company, Inc. (Staples), for negligence.

The trial court granted Staples's motion for summary judgment because Khosh failed to establish that Staples retained control over his work and affirmatively contributed to his injury. (Code Civ. Proc., § 437c ; Hooker…

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