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Case Name Tverberg v. Fillner Construction (CA Supreme Court)
Date 06/28/2010
Note A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability.
Citation S169753
WCC Citation WCC 36442010 CA
JEFFREY TVERBERG et al. , Plaintiffs and Appellants, v. FILLNER CONSTRUCTION, INC. , Defendant and Respondent. To do that work, Fillner hired subcontractor Lane Supply, which delegated the work to subcontractor Perry Construction Company, which then hired plaintiff independent contractor Jeffrey Tverberg as foreman of Perry's two-man canopy-construction crew. Tverberg, who had more than 20 years' experience in structural steel construction, held a state contractor's license under the name J. T. Construction, a sole proprietorship consisting exclusively of Tverberg. Although subcontractor Perry paid Tverberg on an hourly basis, it is undisputed that Tverberg was not Perry's employee but an independent contractor. Tverberg then sued general contractor Fillner and subcontractor Perry, which had hired Tverberg, seeking damages for physical and mental injuries and lost income under theories of negligence and premises liability.

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