ELSNER v. UVEGES

No. S113799.

22 Cal.Rptr.3d 530 (2004)

34 Cal.4th 915

102 P.3d 915

Rowdy ELSNER, Plaintiff and Respondent, v. Carl UVEGES, Defendant and Appellant; State Compensation Insurance Fund, Intervener and Appellant.

Supreme Court of California.

Rehearing Denied February 23, 2005.


Attorney(s) appearing for the Case

Bonesteel & Associates, Summers & Shives, Scott M. Bonesteel and Jodi E. Lambert for Defendant and Appellant.

Horvitz & Levy, Lisa Perrochet, Encino, William N. Hancock, San Francisco, and Tracy L. Turner for American International Group, Inc., Swinerton Builders, Swinerton Incorporated and SME Steel Contractors, Inc., as Amici Curiae on behalf of Defendant and Appellant.

Marguerite I. Delbourgo, Santa Ana, for Intervener and Appellant.

Singleton & Associates, Terry Singleton, San Diego, Horatio Barraza; Law Offices of Daniel U. Smith and Daniel U. Smith, Kentfield, for Plaintiff and Respondent.

William A. Herreras, Grover City, and John Messer for California Applicants' Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.

James C. Sturdevant, San Francisco; William L. Veen, San Francisco; Brian C. Unitt, Riverside; Ian Herzog, Santa Monica; David A. Rosen, Los Angeles; The Arns Law Firm, Morgan C. Smith and Robert S. Arns, San Francisco, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Respondent.

Michael D. Mason, San Francisco, for State of California, Department of Industrial Relations as Amicus Curiae on behalf of Plaintiff and Respondent.


WERDEGAR, J.

In 1971, the Legislature enacted Labor Code section 6304.5,1 a statute that barred the admission of California Occupational Safety and Health Act (Cal-OSHA) provisions2 in employee negligence actions against nonemployers. Labor Code section 6304.5 created an exception to the long-standing common law rule, codified in Evidence Code section 669, that statutes may be admitted to establish a standard...

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