SAN JUAN v. PSC INDUSTRIAL OUTSOURCING

No. 50033.

240 P.3d 1026 (2010)

Elias SAN JUAN; Cecilio San Juan; Raul Gonzalez; and Paula Lopez, in her Capacity as Widow and Heir of Jaime Gonzalez, as Administratrix for the Estate of Jaime Gonzalez, and as Guardian for Heirs, Rolando Gonzalez, Jaime Gonzalez, Jr., Salvador Gonzalez, and Fernando Gonzalez, Minor Children of Jaime Gonzalez, Appellants, v. PSC INDUSTRIAL OUTSOURCING, INC., a Delaware Corporation, a/k/a Philip Services Corporation, a Delaware Corporation, Respondent.

Supreme Court of Nevada.

October 7, 2010.


Attorney(s) appearing for the Case

Bolick & Boyer and R. Duane Frizell , Las Vegas; Callister & Reynolds and Matthew Q. Callister , Las Vegas; Law Office of Federico Sayre and Federico Sayre , Santa Ana, California, for Appellants.

Laxalt & Nomura, Ltd., and Robert A. Dotson and Ilin L. Rocovits , Reno, for Respondent.

Before HARDESTY, DOUGLAS and PICKERING, JJ.


OPINION

By the Court, PICKERING, J.:

Our case law holds that a person who hires an independent contractor is not, without more, vicariously liable to the independent contractor's employees for their employer's torts, even though the job involves inherent danger or "peculiar risk." The issue presented by this appeal is whether this rule depends on the employer being solvent and competent. We hold that it does not. The Nevada workers' compensation system...

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