McCarty v. Department of Transportation

Opinion

RICHLI, J.

In Hooker v. Department of Transportation (2002) 27 Cal.4th 198 [115 Cal.Rptr.2d 853, 38 P.3d 1081], the California Supreme Court enunciated the “retained control” doctrine—that, as a matter of common law, one who hires an independent contractor may be liable for injuries to an employee of the independent contractor if the hirer not only retained control over safety conditions at the worksite, but also negligently exercised its retained control so as to affirmatively contribute to the employee’s injuries. (Id. at pp. 202, 209-210.) In Hooker, as here, the defendant was the…