Sandoval

*272 *385 Plaintiff Jose M. Sandoval was severely burned by an "arc flash" from a live circuit breaker while working with contractor TransPower Testing, Inc., and its principal, Frank Sharghi (sometimes collectively, TransPower), 1 at a cogeneration plant owned by defendant Qualcomm Incorporated (Qualcomm). The jury returned a special verdict finding that Qualcomm retained control over the safety conditions at the jobsite; that it negligently exercised such control; and that its negligence was a substantial factor in causing Sandoval's harm. The jury found Sandoval's employer, ROS Electrical Supply (ROS), not liable, and apportioned fault as follows: 46 percent to Qualcomm; 45 percent to TransPower; and 9 percent to Sandoval.

Following the verdict, Qualcomm moved for judgment notwithstanding the verdict (JNOV) and for a new trial. The trial court denied the JNOV motion but granted the motion for new trial on the theory the jury had improperly apportioned liability.

Qualcomm appeals from the order denying its JNOV motion, arguing Sandoval failed to proffer any evidence to show that Qualcomm, as the hirer of an independent contractor, "affirmatively contributed" to Sandoval's…