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Case Name Wayne Oberreuter et al v. Traylor Brothers
Date 05/05/2011
Note California's common law Hooker/Privette doctrine barred an subcontractor's employee from suing a general contractor.
Citation D056637
WCC Citation WCC 37602011 CA
COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA D056637 May 5, 2011 WAYNE OBERREUTER ET AL. , PLAINTIFFS, CROSS-DEFENDANTS AND APPELLANTS, v. TRAYLOR BROTHERS, DEFENDANT, CROSS-COMPLAINANT AND RESPONDENT. Mountain was the subcontractor hired by a general contractor, defendant Traylor Brothers, Inc. (Traylor), to provide hauling services for a construction project. Oberreuter and his wife filed this action against Traylor seeking damages, and Traylor moved for summary judgment under the "Privette/Hooker"*fn1 doctrine. The trial court concluded there was no triable issue of material fact, and Privette/Hooker barred Oberreuter's claims against Traylor, and entered judgment in favor of Traylor. Procedural History Oberreuter and his wife filed the present action against Traylor, among others, asserting Traylor was negligent.

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