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Labor/Employment

Aug. 4, 2010

The Privette Doctrine: What's Next in Store?

Expect the high court to flush out the law as it reviews the degree to which an employer is liable for a worker's injury, by Gary A. Watt of Archer Norris.

By Gary A. Watt

The exclusive remedy of workers' compensation protects employers from suit by their injured employees. (Labor Code Section 3601.) And those employees face difficulty suing other parties such as owners, developers and contractors. Standing between plaintiffs and a jury trial is summary judgment under a formidable body of law called the Privette doctrine. (Privette v. Superior Court, (1993) 5 Cal.4th 689, 691.) To avoid sum...

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