Alvarez
Alvarez v. Seaside Transp. Servs. LLC
Opinion
Lead Opinion
Sortino, J.
*638 Plaintiff and appellant Bernie Alvarez was injured at work when he drove a maintenance van into a shipping container. Plaintiff's employer, Pacific Crane Maintenance Company (PCMC), had been hired by Evergreen Container Terminal (Evergreen) to perform maintenance work at a marine container terminal. Plaintiff sued Evergreen and two of its contractors alleging general negligence.
*639 The trial court granted summary judgment to defendants based on the Privette doctrine. Under Privette v. Superior Court (1993) 5 Cal.4th 689 , 21 Cal.Rptr.2d 72 , 854 P.2d 721 ( Privette ), an independent contractor's employee generally may not recover tort damages for work-related injuries from the contractor's hirer. On appeal, plaintiff argues that (1) defendants did not meet their burden as the moving parties on summary judgment, and (2) he raised triable issues of material fact as to whether the Privette doctrine did not apply because defendants retained control over safety conditions at the worksite and affirmatively contributed to his injuries. We disagree and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Evergreen leases a marine container terminal in the Port of Los Angeles (Evergreen…