BARCLAY v. JESSE M. LANGE DISTRIBUTOR, INC.

No. C044063.

28 Cal.Rptr.3d 242 (2005)

129 Cal.App.4th 281

Randall BARCLAY, Plaintiff and Appellant, v. JESSE M. LANGE DISTRIBUTOR, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied June 2, 2005.

Review Denied August 24, 2005.


Attorney(s) appearing for the Case

Jones, Clifford, Johnson & Johnson and Steger P. Johnson, San Francisco; Law Offices of Daniel U. Smith and Daniel U. Smith, Kentfield, for Plaintiff and Appellant.

Porter, Scott, Weiberg & Delehant, Russ J. Wunderli, Sacramento, Teri L. Block and Brendan J. Begley for Defendant and Respondent.


SIMS, J.

Plaintiff Randall Barclay was injured by an explosion while working for his employer (nonparty Chico Drain Oil), cleaning fuel tanks on land owned by defendant Jesse M. Lange Distributor, Inc. (Lange), which is in the business of storing and selling gasoline to commercial and agricultural customers. The trial court entered summary judgment in favor of Lange under the doctrine of Privette v. Superior Court (1993) 5 Cal.4th 689

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