McCARTY v. DEPARTMENT OF TRANSPORTATION

No. E040627.

164 Cal.App.4th 955 (2008)

STEPHEN McCARTY, Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

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

CERTIFIED FOR PARTIAL PUBLICATION


Attorney(s) appearing for the Case

Hollins • Schechter, Kathleen M. K. Carter, Andrew S. Hollins and Jeffrey R. Gillette for Plaintiff and Appellant.

Haight Brown & Bonesteel, Thomas N. Charchut, Maureen Haight Gee; Jones & Dyer and Gregory F. Dyer for Defendant and Appellant.


OPINION

RICHLI, J.

In Hooker v. Department of Transportation (2002) 27 Cal.4th 198 [115 Cal.Rptr.2d 853, 38 P.3d 1081], the California Supreme Court enunciated the "retained control" doctrine—that, as a matter of common law, one who hires an independent contractor...

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