[DOWNLOAD] "Holman V. California" by Fifth Appellate District Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: Holman V. California
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 26, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This appeal involves the propriety of the granting of a nonsuit on two causes of action and the sustaining of a general demurrer to a third cause of action in a complaint for personal injuries by appellant Holman against the respondent State of California. The first cause of action is based on a theory of vicarious liability of respondent as the employer of an independent contractor for the negligent failure of the contractor to take special precautions. The second cause of action is based on two theories: first, a direct liability of respondent as a statutory employer under Labor Code section 6304 in that it failed to provide appellant with a safe place of employment; second, a direct liability under section 414 of the Restatement Second of Torts, for negligence in exercising control by an employer over work entrusted to an independent contractor. The third cause of action alleges respondent's negligence in selecting and retaining an incompetent and negligent contractor.