Pinkerton's v. Manriquez

I respectfully dissent from the decision of my colleagues. In my opinion, this ease presents two issues. The first issue is whether an employee of one independent contractor owes a “duty of ordinary care” to the employee of another independent contractor to prevent injury to the other through negligence.1 The answer to this question is yes. The second issue is whether the negligence of the one independent contractor’s employee proximately caused the injuries of the second independent contractor’s employee. The answer to this question also is yes.

This case was tried to a jury which found for…