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Rodgers v. Kemper Construction Co.

Court of Appeals of California
124 Cal. Rptr. 143 (1975)


Rodgers (plaintiff) was an employee of the general contractor for a construction job. Kemper Construction Company (Kemper) (defendant) was a subcontractor on the same job. Herd and O’Brien (defendants) were employees of Kemper. Herd and O’Brien had finished their shift, but remained on the worksite working on O’Brien’s personal truck. Herd and O’Brien were drinking beer from a cooler in the employees’ locker room, which Kemper frequently allowed. Kemper would often call on employees remaining in the locker room after a shift for overtime jobs when extra help was needed. Rodgers was on his shift operating a bulldozer when Herd and O’Brien asked Rodgers for a ride across the jobsite. Rodgers declined. Tempers flared, and Herd and O’Brien beat Rodgers, causing him serious injury. Rodgers brought suit against Herd, O’Brien, and Kemper. The jury returned a verdict in favor of Rodgers against Kemper. Kemper appealed.

Rule of Law


Holding and Reasoning (Tamura, J.)

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