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CASTRO v. STATE OF CALIFORNIA

Docket No. 20945.

114 Cal.App.3d 503 (1981)

170 Cal. Rptr. 734

JESUS CASTRO, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

January 9, 1981.

Attorney(s) appearing for the Case

COUNSEL

Herbert Hafif, Wayne J. Austero and Stephen L. Odgers for Plaintiff and Appellant.

Chase, Rotchford, Drukker & Bogust and E. Michael Kaiser for Defendant and Appellant.

OPINION

TAMURA, Acting P.J.

This appeal involves the peculiar risk exception to the general immunity of an employer for the torts of its independent contractor. Plaintiff, a dump truck driver, was an employee of a construction company engaged by the State of California to install a pipeline to transport Feather River water across the City of Riverside to a reservoir in Perris. Plaintiff sued the state (defendant) for damages for injuries...

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