SUMMARY JUDGMENT GRANTED FOR LABOR BROKER

The Los Angeles Superior Court granted OLG’s Motion for Summary Judgment on the basis that its client was a labor broker and general employer, while another party was the special employer, precluding liability.

The plaintiffs were the family of the decedent, who was killed in an explosion at a testing laboratory where he was employed. OLG’s client had supplied the worker who was testing the part at the laboratory with the decedent’s help. The worker was under the control, direction, and supervision of the company testing the part. The alleged cause of the explosion was an improperly crimped fitting that allowed hydraulic fluid to leak under pressure and aerosolize, resulting in the explosion.
OLG filed a motion for summary judgment on the grounds that it was merely the labor broker providing payroll and workers’ compensation services for the worker, while he worked under the direction, supervision, and control of another defendant. The plaintiffs and the two target defendants opposed the motion, alleging retained control of the worker. The Court agreed with OLG that its client had no control over the work being done and granted the motion.

Joel Witzman wrote and argued the winning motion for summary judgment.