Alvarez

Alvarez v. Seaside Transp. Servs. LLC

Good Law
13 Cal. App. 5th 635·2017 Cal. App. LEXIS 630·221 Cal. Rptr. 3d 119·82 Cal. Comp. Cases 834
Court of Appeal of CaliforniaJuly 20, 2017B275980California3,429 words

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…

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