Khosh v. Staples Construction

*714 An employee of an independent contractor generally may not recover tort damages for work-related injuries from the contractor's hirer. ( Privette v. Superior Court (1993) 5 Cal.4th 689 , 702, 21 Cal.Rptr.2d 72 , 854 P.2d 721 ( Privette ).) There are exceptions to this rule but they do not *715 apply here. We decide that the trial court correctly granted a motion for summary judgment against the injured employee when he failed to present evidence that respondent affirmatively contributed to his injuries. As a result, there were no triable issues of material fact on his theory that either the…