Injured building a canopy 566
April 17th, 2012 
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Tverberg v Fillner Construction, Inc. 202 Cal.App.4th 1439 (1/4) (on remand from 49 Cal4th 518) Tverberg (a contractor) hired by a subcontractor who in turn hired by general contractor Fillner to build a steel canopy. San-Diego-Auto-Accident-lawyer Tverberg asked Fillner to cover holes dug near canopy, Fillner’s employee said could not do yet because lacked the equipment. Tverberg injured when he fell in hole. Fillner’s MSJ granted, reversed. [1] Fillner, by hiring Tverberg as an independent contractor, may not sue his hirer for beach of OSHA regs on nondelegable duty theory. Fillner, by hiring Tverberg, delegated its obligation to Tverberg to comply with regs. [2] Tverberg’s claim that Fillner retained sufficient control over work to be liable if Fillner affirmatively contributed to the danger. Allowing condition to occur is not enough. Digging holes and directing Tverberg to conduct unrelated work next to them is sufficient contribution to create triable issue, as does implied intention to cover holes “when equipment available.” San Diego personal injury attorney