Miller v. Roseville Lodge No. 1293

Filed 9/2/22 Certified for Publication 9/28/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

RICKY LEE MILLER, JR., C090751

Plaintiff and Appellant, (Super. Ct. No. 34-2017- 00207092-CU-PO-GDS) v.

ROSEVILLE LODGE NO. 1293 et al.,

Defendants and Respondents.

This case involves application of the so-called Privette doctrine, which deals with whether an entity that hires an independent contractor can be liable for on-the-job injuries sustained by the independent contractor’s workers. Under the Privette doctrine, the answer is no, unless an exception applies. Defendant and respondent Roseville Lodge No. 1293, Loyal Order of Moose, Inc. (the Lodge) hired Charlie Gelatini to move an automated teller machine (ATM) on its premises. Plaintiff and appellant Ricky Lee Miller, Jr., worked for Gelatini and was the person who performed the work. Miller was injured on the job when he fell from a

1 scaffold, and he seeks to hold the Lodge and its bartender John Dickinson liable for his injuries. Citing the Privette doctrine, the Lodge and Dickinson argued…