Horne v. Ahern Rentals, Inc.Annotate this Case
Plaintiffs filed suit against Ahern Rentals after Ruben Dickerson was killed in an accident on Ahern's premises while he was replacing the tires on one of Ahern's forklifts. Dickerson was employed by 24-Hour Tire Service as a tire changer and tire technician. Dickerson's surviving heirs were paid workers' compensation benefits by 24-Hour Tire's workers' compensation insurer. Plaintiffs alleged that Ahern's negligence was a substantial factor in causing Dickerson's death.
The Court of Appeals held that plaintiffs failed to present evidence that Ahern affirmatively contributed to Dickerson's injuries under the retained control exception to the Privette rule under Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 202. The court also held that there is no evidence that Ahern affirmatively contributed to Dickerson's injury and death.