Kinsman v. Unocal Asbestos case: Discussion of Hooker

Read the discussion in the Kinsman v. Unocal asbestos case, where Privette and Hooker are discussed.

In Hooker, supra, 27 Cal.4th 198, a crane operator employed by an independent contractor to help construct a freeway overpass for the California Department of Transportation (Caltrans) would habitually retract the crane’s stabilizing outrigger to allow other construction vehicles to pass.

When Hooker attempted to swing the boom of the crane without first extending the outrigger, the weight of the boom caused the crane to tip over, and Hooker was thrown to the pavement and killed.

According to the Caltrans construction manual, Caltrans was responsible for compliance with safety laws and regulations, and its construction safety coordinator was supposed to “ ‘recognize and anticipate unsafe conditions’ ” in its construction projects.

Hooker’s estate contended there was a triable issue regarding whether Caltrans was liable under a “retained control theory” as described in the Restatement Second of Torts, section 414, which states:

“One who entrusts work to an independent contractor, but who retains the control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care.”

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