McCullar v. SMC Contracting, Inc.
Annotate this CaseUnder California law, the Privette doctrine holds that there is a strong presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. SMC Contracting, Inc. (SMC) hired Tyco Simplex Grinnell, Inc. (Tyco) to install an automatic fire sprinkler system for a development in South Lake Tahoe. On one date during installation, a Tyco employee, Tommy Ray McCullar, arrived at work and found the floor covered in ice. While trying to use a ladder on the ice, he slipped and suffered injuries. McCullar later sued SMC based on these events. But the trial court, relying on the Privette doctrine, granted summary judgment in SMC’s favor. Challenging this decision on appeal, McCullar’s contended the Privette doctrine did not protect SMC because SMC retained control over Tyco’s work and negligently exercised this control in a way that affirmatively contributed to his injuries. That was so, he reasoned, because SMC caused the ice to form on the floor and then told him to go back to work after he notified it about the ice. Based on the Privette doctrine, and because McCullar failed to raise a triable issue of material fact, the Court of Appeal affirmed.
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