Ray v. Silverado Constructors

Opinion

MOORE, J.

An employee of an independent contractor was killed when construction materials blew off a bridge in high winds and struck him in the back of the head. In the ensuing litigation, the owner of the project and the general contractor moved for summary judgment, contending there was no basis for liability as a matter of law, under the rationale of Privette v. Superior Court (1993) 5 Cal.4th 689 [21 Cal.Rptr.2d 72, 854 P.2d 721] and Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 [74 Cal.Rptr.2d 878, 955 P.2d 504]. The trial court agreed and granted summary judgment.

Appe…