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Case Name | Elsner v. Uveges | |
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Date | 02/07/2003 | |
Note | CalOSHA standards, regs, citations not admissable in employee third party suit. | |
Citation | 106 Cal.App.4th 73 | |
WCC Citation | WCC 29152003 CA |
ROWDY ELSNER, Plaintiff and Respondent, v. CARL UVEGES, Defendant and Appellant, STATE COMPENSATION INSURANCE FUND, Intervenor and Appellant. Defendant Carl Uveges appeals a judgment entered in favor of plaintiff Rowdy Elsner and intervenor State Compensation Insurance Fund (State Fund) on Elsner's complaint for personal injuries stemming from a construction site accident. Because Uveges considered Frey an experienced carpenter, Uveges did not feel he had to check his work for safety purposes; he expected Frey to be able to build a scaffold correctly. Elsner does not contend Uveges falls under section 6304's definition of employer and, indeed, Uveges' status as general {Slip Opn. Consequently, this is not a situation where Elsner seeks to impute negligence to Uveges; that is, hold him vicariously or derivatively responsible for the negligence of another.
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