GG&B Wins Big at the California Supreme Court
Ramirez v. Nelson, 44 Cal.4th 908 (2008)

Thomas and Vivian Nelson own a charming home in Ventura, California.  In 2002, they retained Julian’s Tree Service to trim several trees in their back yard.  One tree extended up near Edison’s high-tension power lines.  Edison periodically trimmed the tree near its line.  Julian had worked for the Nelsons and several other homes in the neighborhood, but no one knew he was an unlicensed tree-trimming contractor, contrary to California’s business regulations.

With his own tools and without the Nelsons’ supervision, Julian instructed his employee, Flores, to trim the tree near the power lines.  Flores apparently contacted the power line with his pole saw, and was electrocuted.  Flores’ family sued the Nelsons for wrongful death.

Flores’ family at trial asked the court to instruct the jury that the Nelsons were negligent per se for violating California Penal Code § 385, which makes an employer criminally liable for instructing an employee to work near power lines. The trial court refused, and the jury found the Nelsons not liable for Flores’ wrongful death.  Flores' family appealed the case.

The Court of Appeal reversed the judgment for the Nelsons, believing that since Julian was unlicensed, Flores became the Nelsons’ employee by operation of law.  As Flores’ employer, the court held that the Nelsons were negligent per se.

The Nelsons’ insurer asked GG&B to seek California Supreme Court review of the case. On August 4, 2008, GG&B's Lance Orloff delivered a big win for the Nelsons and the homeowner-insurance industry as the Supreme Court reversed the Court of Appeal, reinstated the Nelsons’ defense judgment, and held that California homeowners may not be held negligent per se for violating laws and regulations intended to protect employees.