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BLEW v. HORNER

Docket No. A028549.

187 Cal.App.3d 1380 (1986)

232 Cal. Rptr. 660

MONTE BLEW, Plaintiff and Appellant, v. EARL HORNER, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

December 17, 1986.

Attorney(s) appearing for the Case

COUNSEL

J. Robert Dempster, William R. Seligmann and Dempster, McDonald & Seligmann for Plaintiff and Appellant.

Robert S. Boyd, Boyd & Murray and Boyd, Murray & Rudnansky for Defendant and Respondent.

Richard A. Krimen, Michael J. Brodie, Arthur Hershenson, Fernando Da Silva and Robert A. La Porta as Amici Curiae, upon the request of the Court of Appeal.

OPINION

SCOTT, J.

Plaintiff Monte Blew brought a personal injury action against defendant Earl Horner, individually and doing business as Horner's Construction Company. The trial court granted defendant's motion for summary judgment, on the grounds that when plaintiff was injured, he was defendant's employee as a matter of law pursuant to Labor Code section 2750.5

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