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Case Name Whittier Union High School District v. Haven Construction, Inc.
Date 02/17/2009
Note A trial court erroneously refused to allow jury instructions on the doctrine of negligence per se in a case featuring an employer and an injured worker's suits alleging that a construction company built faulty wooden stairs.
Citation B203237
WCC Citation WCC 34932009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN No. B203237 February 17, 2009 WHITTIER UNION HIGH SCHOOL DISTRICT, PLAINTIFF AND APPELLANT, v. HAVEN CONSTRUCTION, INC. , DEFENDANT AND RESPONDENT. Larson & Gaston and Alisa E. Sandoval for Plaintiff and Appellant Whittier Union High School District. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Inez Oliva and her employer Whittier Union High School District (Whittier) appeal from the judgment entered in favor of Haven Construction, Inc. (Haven) after a jury returned a special verdict finding Haven was not negligent in constructing a staircase on which Oliva fell and sustained injuries. Whittier asked Haven to construct wooden stairs to make the trailer accessible for Oliva and others until the seismic retrofitting was complete. On October 25, 2005 Whittier sued Haven alleging negligence and seeking reimbursement for the $120,181. 16 in workers compensation benefits it had paid to Oliva.

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