(Download) "Camargo V. Tjaarda Dairy" by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Camargo V. Tjaarda Dairy
- Author : California Supreme Court
- Release Date : January 05, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Alberto Camargo was killed when his tractor rolled over as he was driving over a large mound of manure in a corral belonging to Tjaarda Dairy. Camargo was an employee of Golden Cal Trucking, and Golden Cal Trucking was an independent contractor Tjaarda Dairy had hired to scrape the manure out of its corrals and to haul it away in exchange for the right to purchase the manure at a discount. Plaintiffs, Camargo's wife and five children, sued defendants Tjaarda Dairy and Perry Tjaarda on the theory, among others, that they were negligent in hiring Golden Cal Trucking because they failed to determine whether Camargo was qualified to operate the tractor safely. The trial court granted defendants' motion for summary judgment. With regard to the cause of action for negligent hiring, the trial court relied on our then-recent decision in Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 (Toland), for its conclusion that an injured employee of an independent contractor may not bring such an action against the hirer of the contractor. Plaintiffs appealed, limiting their appeal to this issue, and the Court of Appeal reversed. The question presented, therefore, is whether the rationale of our decisions in Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette) and Toland, which involved tort liability under the peculiar risk doctrine, also applies to the tort of negligent hiring. The answer to this question is yes, the Privette/Toland rationale does bar an employee of an independent contractor from bringing a negligent hiring action against the hirer of the contractor.