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Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence

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  • Ron DeCaro
    This might be of interest to those of you who hire independent contractors and their employees. Employee of Independent Contractor Cannot Sue Company That
    Message 1 of 1 , Oct 6, 2011
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      This might be of interest to those of you who hire independent contractors and their employees.
      Employee of Independent Contractor Cannot Sue Company That Hired Contractor for Negligence
      Posted on September 1, 2011 by Anthony Oncidi



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      SeaBright Ins. Co. v. US Airways, Inc., 2011 WL 3655109 (Cal. S. Ct. 2011)
      US Airways uses a conveyor to move luggage at San Francisco International Airport. US Airways hired independent contractor Lloyd W. Aubry Co. to maintain and repair the conveyor and did not direct Aubry's employees in their work. The conveyor lacked certain safety guards in violation of various Cal-OSHA regulations. After one of Aubry's employees, Anthony Verdon Lujan, was injured while inspecting the conveyor, the employee and Aubry's workers' compensation carrier (SeaBright) sued US Airways. US Airways filed a summary judgment motion based on Privette v. Superior Court, 5 Cal. 4th 689 (1993), in which the California Supreme Court held that an employee of an independent contractor is generally precluded from suing the party that hired the contractor. The question in this case was whether thePrivette rule applies when the party that hired the contractor failed to comply with workplace safety requirements. The Supreme Court held the Privette rule does apply in such circumstances and ordered that summary judgment be granted in favor of US Airways.


      Ronald R. DeCaro
      California License No. PI21993

      INTEGRATED INSURANCE INVESTIGATIONS
      PO Box 888
      Mira Loma, CA 91752-0888







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