MATHIES v. BUHRER EUGENE MATHIES, Plaintiff and Appellant, v. ROBERT BUHRER, Defendant and Respondent. On appeal, Mathies makes a new argumentthat the moment Caldwell's license was suspended he (Mathies) no longer was the employee of an independent contractor, but rather under section 2750. 5, was a "statutory" employee of Buhrer and therefore Privette does not apply. Another time, Mathies told Buhrer the gutter contractor needed to get the gutters up for the work to proceed. According to Mathies, Buhrer said the workers could use any of his tools, although Mathies specifically recalled use of only several ladders and perhaps a vise. Further dispositive motions may be appropriate upon a more developed record, including with respect to the workers' compensation claim Mathies has filed against Buhrer.

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