California Supreme Court

Seabright Insurance Company, Plaintiff and Appellant v. US Airways, Inc., Defendant and Respond — Werdegar, J…

August 22, 201152 Cal. 4th 590

Summary

The concurrence agrees that the defendant was entitled to summary judgment because the record contained no admissible evidence that a violation of the safety-guard requirements proximately caused the injury. It disagrees, however, with the majority's broader conclusion that occupational-safety duties are delegable and presumptively delegated to independent contractors. The concurrence reasons that the governing statutory scheme indicates those duties extend to employees of other employers at multiemployer worksites.