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Case Name Iverson v. California Village Homeowners Assoc.
Date 03/23/2011
Note An independent contractor could not rely on Cal-OSHA regulations to establish negligence per se in a premises liability suit, the California 2nd District Court of Appeal ruled.
Citation B220863
WCC Citation WCC 37352011 CA
IVERSEN v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION KURT IVERSEN, Plaintiff and Appellant, v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION, Defendant and Respondent. INTRODUCTION Defendant and respondent California Village Homeowner's Association (California Village) hired plaintiff and appellant Kurt Iversen (Iversen), an independent contractor, to service air conditioner units on the roofs of several of the buildings at its Tarzana, California condominium complex. California Village moved for summary judgment, inter alia, on the ground that Iversen could not rely on Cal-OSHA to support a negligence action because he was an independent contractor and not California Village's employee. In addition, California Village also contended that Iversen could not show that its failure to install safety equipment caused him to fall. Finally, California Village argued that Iversen voluntarily used the ladder knowing of its condition, thereby assuming any risk associated with the ladder.

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