· 7/28/1972
Strait v. Hale Construction Co.
Citations
- 26 Cal. App. 3d 941
- 103 Cal. Rptr. 487
- 1972 Cal. App. LEXIS 998
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting \control\ test in favor of enterprise liability analysis. See generally, Klemme, The Enterprise Liability Theory of Torts, 47 U.Colo.L.Rev. 153 (1976
- affirming farmer’s vicarious liability for highway collision caused by on-loan employee-operator of farmer’s loaned machine, though farmer was avowedly “not in the business of renting heavy equipment and furnishing an operator”
- in excellent discussion, court relied on workmen's compensation case, similar to Humphreys, cited above, to hold borrowing and lending employers liable for the tort of the borrowed servant
- “The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.”
- rejecting “control” test in favor of enterprise liability analysis
Source: CourtListener parenthetical corpus (CC0).
Judges: Kerrigan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.