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Case Name | Tverberg v. Fillner Construction (1st DCA decision) | |
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Date | 02/24/2011 | |
Note | Eight months after the California Supreme Court told a self-employed independent contractor that he could not sue a general contractor on a theory of vicarious liability, the 1st District Court of Appeal has now allowed Jeffrey Tverberg to sue the same general contractor under a theory of direct liability. | |
Citation | A120050-2 | |
WCC Citation | WCC 37202011 CA |
Fillner contracted with subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction, Inc. (Perry). Tverberg had more than 20 years' experience in structural steel construction and held a state contractor's license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Finding that Fillner had established a complete defense to the Tverbergs' action, the trial court entered judgment for Fillner in November 2007. Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so. (Tverberg v. Fillner Construction, Inc. (2010) 49 Cal. 4th 518 (Tverberg). )
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