Brackeen v. Burlington Homes
Filed 8/2/06 Brackeen v. Burlington Homes CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
DONALD BRACKEEN, Plaintiff and Appellant, v. BURLINGTON HOMES, Defendant and Respondent. |
F048749
(Super. Ct. No. S-1500-CV-251710-AEW)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Arthur E. Wallace, Judge.
Gelman Law Group and Alexander M. Gelman for Plaintiff and Appellant.
Nelson Griffin and Larry R. Nelson for Defendant and Respondent.
-ooOoo-
Under the doctrine of peculiar risk, a person who hires an independent contractor to perform inherently dangerous work can be held liable in tort to third persons injured by the contractor's negligent performance of the work. (Privette v. Superior Court (1993) 5 Cal.4th 689, 691 (Privette).) â€