Legal Opinion

MacKey v. Campbell Construction Co.

California Court of Appeal

Decided January 8, 1980No. Civ. 17175PublishedCited by 21 opinions

1Opinion of the Court

Opinion

REGAN, Acting P. J.

Defendants appeal from a judgment entered upon a jury verdict in favor of plaintiff awarding him damages for personal injuries.

It is defendants’ basic contention on appeal that as owners (Western Electric) and general contractors (Campbell Construction) they owed no duty of care, as a matter of law, to plaintiff, an employee of a subcontractor. Principally at issue is the application of the “peculiar risk of harm” doctrine which provides an exception to the general rule that owners and general contractors are not liable for injuries to employees of independent…

2Cases cited17 opinions

  1. Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
  2. Aceves v. Regal Pale Brewing Co.California Supreme Court · 1979
  3. Atherley v. MacDonald, Young & Nelson, Inc.California Court of Appeal · 1956
  4. Griesel v. Dart Industries, Inc.California Supreme Court · 1979
  5. Ferrel v. Safway Steel ScaffoldsCalifornia Supreme Court · 1962

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Elsner v. UvegesCalifornia Supreme Court · 2004
  2. Toland v. Sunland Housing Group, Inc.California Supreme Court · 1998
  3. Canavin v. Pacific Southwest AirlinesCalifornia Court of Appeal · 1983
  4. Willis E. Wilson, Rep., Estate of Tomikia Wilson v. Good Humor Corporation and David A. WilliamsCourt of Appeals for the D.C. Circuit · 1985
  5. Stover v. Lakeland Square Owners Ass'nSupreme Court of Iowa · 1989

16 more not listed; retrieve them via the Exa API.

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