California, United States of America
The following excerpt is from Zeiger v. State of California, 58 Cal.App.4th 532, 68 Cal.Rptr.2d 39 (Cal. App. 1997):
I dissent because, in my view, the reasoning of Privette v. Superior Court (1993) 5 Cal.4th 689, 21 Cal.Rptr.2d 72, 854 P.2d 721 bars an action by the injured employee of a subcontractor against the general contractor who retains and exercises control over the work.
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