On July 31, 2024, the California Court of Appeal reversed a summary judgment against a man who lost his leg when a dump truck backed over him at a construction site. The victim, James Brothers, sued the companies that he contends employed the truck driver who negligently backed over him. The companies claimed that the driver was an independent contractor, and they therefore could not be liable for his negligence. The trial court agreed and granted summary judgment against Brothers. The Court of Appeal reversed, finding that the record showed that the driver’s status as an employee or independent contractor presented factual issues that must be resolved by a jury at trial. Brothers v. Heritage Logistics, LLC, et al., Case No. G063267.
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