Tverberg v. Fillner Construction 12/5/08 CA1/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A120050

Case Date: 02/25/2009

Preview:Filed 12/5/08

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

JEFFREY TVERBERG et al., Plaintiffs and Appellants, v. FILLNER CONSTRUCTION, INC., Defendant and Respondent. (Solano County Super. Ct. No. FCS028210) A120050

A hirer of a contractor owes no duty of care to the contractor's injured employee because the employee has an alternative remedy through the workers' compensation system. (Privette v. Superior Court (1993) 5 Cal.4th 689, 696-702 (Privette).) In the case before us, appellants Jeffrey and Catherine Tverberg (the Tverbergs) contend that the Privette doctrine does not apply to their case because Jeffrey Tverberg was injured while working as an independent contractor, not as an employee. Workers' compensation coverage applies only to an employee; it does not extend to an independent contractor. (See Cal. Const., art. XIV,

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