Capps v. Dept. of Transportation CA3
Bradley Capps, an employee of Viking Construction Company, fell to his death from a bridge while working on a construction project for defendant State of California Department of Transportation (CalTrans). Plaintiffs, Capps’s surviving wife and children, brought suit against CalTrans, alleging the accident occurred while Capps was performing work at the specific direction of CalTrans. CalTrans successfully moved for summary judgment on the basis that it was not liable per Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette), which generally prohibits an independent contractor or his employees from suing the hirer of the contractor for workplace injuries, and the exception for negligent exercise of retained control did not apply.
Comments on Capps v. Dept. of Transportation CA3