CAMARGO v. TJAARDA DAIRY

No. S088632.

108 Cal.Rptr.2d 617 (2001)

25 Cal.4th 1235

25 P.3d 1096

Eva CAMARGO et al., Plaintiffs and Appellants, v. TJAARDA DAIRY et al., Defendants and Respondents.

Supreme Court of California.

July 5, 2001.


Attorney(s) appearing for the Case

Law Offices of Federico Castelan Sayre, Federico Castelan Sayre and Timothy A. Black, Newport Beach, for Plaintiffs and Appellants.

Ian Herzog, Santa Monica; Bruce Broillet; Thomas Stolpman, Long Beach; Daniel U. Smith, Los Angeles; William L. Veen, San Francisco; Robert S. Arns, San Francisco; Kevin Calcagnie, Newport Beach; and Rebecca Quinn for Consumer Attorneys Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Borton, Petrini & Conron, John F. Petrini and Michael J. Stump, Bakersfield, for Defendants and Respondents.

Deborah J. La Fetra for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.

John P. Carpenter for the Association of General Contractors of California as Amicus Curiae on behalf of Defendants and Respondents.

William J. Moran, Mission Hills, and Eileen F. Braunreiter, San Francisco, for Automobile Club of Southern California and California State Automobile Association as Amici Curiae on behalf of Defendants and Respondents.

Sedgwick, Detert, Moran & Arnold and Frederick D. Baker, San Francisco, for American Chemistry Council as Amicus Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand, Sacramento, for the Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.


BROWN, J.

Alberto Camargo was killed when his tractor rolled over as he was driving over a large mound of manure in a corral belonging to Tjaarda Dairy. Camargo was an employee of Golden Cal Trucking, and Golden Cal Trucking was an independent contractor Tjaarda Dairy had hired to scrape the manure out of its corrals and to haul it away in exchange for the right to purchase the manure at a discount. Plaintiffs, Camargo's wife and five children, sued defendants Tjaarda...

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