Brackeen v. Gould
Summary Judgment was granted our general contractor client against a plaintiff who was injured while working for an electrical subcontractor on our client’s project. He tried to get around the ” Privette” line of cases by claiming that they didn’t apply because they required the Plaintiff to be covered by workers compensation for the exclusion to operate to protect general contractors and owners from amenability to suit based on the peculiar risk doctrine. Plaintff had agreed to work off the payroll and get paid “under the table”, probably to avoid losing his unemployment benefits or to avoid garnishment orders. His employer carried workers compensation insurance through his payroll service, but Plaintiff wasn’t listed as an employee, saving the employer some premium payment. The employer might normally be liable for benefits under the Labor Code, but filed for bankruptcy to avoid the debt.