Hooker v. Department of Transportation

Summary

The California Supreme Court held that a hirer of an independent contractor is not liable to the contractor's employee merely because the hirer retained control over workplace safety conditions. Liability may arise when the hirer actually exercises retained control in a manner that affirmatively contributes to the employee's injuries. The court concluded that the plaintiff failed to raise a triable issue regarding Caltrans's affirmative contribution to the fatal accident and reinstated summary judgment for Caltrans.

Holdings

1. An employee of an independent contractor may sue the hirer for negligent exercise of retained control when the hirer's exercise of that control affirmatively contributes to the employee's injuries; mere retention of control over safety conditions is insufficient.
2. Caltrans's permitting construction and Caltrans vehicles to use the overpass, without directing Hooker to retract the outriggers or otherwise directing the manner of crane operation, did not affirmatively contribute to Hooker's death as a matter of law.

Questions Presented

1. Whether an employee of an independent contractor may sue the hirer under Restatement Second of Torts section 414 for negligent exercise of retained control.
2. What conduct is required to impose liability on a hirer under section 414 for injuries to an independent contractor's employee.
3. Whether Caltrans's retention of safety-control authority and its permitting traffic to use the overpass raised a triable issue that Caltrans affirmatively contributed to Hooker's death.

Disposition

reversed_and_remanded