Home > Business Law, Construction Law, Real Estate Law > Brannan v. Lathrop cites the Privette-Toland Doctrine

Brannan v. Lathrop cites the Privette-Toland Doctrine

Brannan v. Lathrop Construction Associates, Inc. was just decided ([No. A129695. First Dist., Div. One; May 21, 2012), affirming summary judgment in favor of a general contractor against a claim from an injured worker.  The injured worked was not hired by the general contractor, but was instead hired by a subcontractor.  The Appellate Court cited the Privette-Toland doctrine as outlined recently by the California Supreme Court, which states that: “Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work. . . .”  As an employee of a subcontractor, the employee was already covered by the worker’s compensation insurance scheme; he then tried unsuccessfully to pursue a separate tort claim against the general contractor without being able to show that the general contractor affirmatively contributed to his injury.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

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