Delgadillo

Delgadillo v. Television Ctr., Inc.

Good Law
20 Cal. App. 5th 1078·229 Cal. Rptr. 3d 594
Court of Appeal of CaliforniaFebruary 2, 2018B270985California5,853 words

Opinion

lead Opinion

Edmon, J.

*1080 Plaintiffs Luz Elena Delgadillo, Christian Franco, and Valeria Franco (plaintiffs) are the surviving wife and children, respectively, of Salvador Franco (decedent). Decedent fell to his death while washing windows on a building owned by defendant Television Center, Inc. (TCI).

Plaintiffs sued TCI for negligence and negligence per se, alleging that decedent was fatally injured because TCI failed to install structural roof anchors, as required by statute, to which decedent could attach a descent apparatus. TCI moved for summary judgment, contending that plaintiffs' suit was barred by Privette v. Superior Court (1993) 5 Cal.4th 689 , 21 Cal.Rptr.2d 72 , 854 P.2d 721 ( Privette ) and subsequent cases. The trial court agreed and granted summary judgment for TCI.

We affirm. Privette and its progeny hold that when a property owner hires an independent contractor, the property owner is not liable for injuries sustained by the contractor's employees unless the defendant's affirmative conduct contributed to the injuries. In the present case, the undisputed evidence was that TCI did not direct how the window washing should be done nor otherwise interfere with the means or methods of…

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