Ayala v. Tyler Development CA2/2
APPEAL from a judgment of the Superior Court of Los Angeles County, Craig D. Karlan, Judge. Affirmed.
Banafsheh, Danesh & Javid, Olivier A. Taillieu, Jennifer R. Bagosy and Gilda Gazor, for Plaintiffs and Appellants.
Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Ernest Slome, Philip N. Blanco and Tracy D. Forbath, for Defendants and Respondents.
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Luis Ayala tragically died while working on a sump pump at a construction site. His parents, Alberto Ayala and Laura Dominga Roque de Ayala (collectively the Ayalas), filed a wrongful death suit against, among others, general contractor Tyler Development Company, Inc. (Tyler). The trial court granted Tyler summary judgment based on the Privette doctrine (Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette)), which holds that a hirer of an independent contractor is typically not liable for the contractor’s negligence. (Id. at pp. 691–692.) Plaintiffs timely appealed. For the reasons below, we affirm.
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