H&L successfully defended ABC Studios, Inc. in an appeal by plaintiff from a judgment of nonsuit in a personal injury action.
Plaintiff was employed by a security company that contracted with ABC to provide services during film shoots. Plaintiff was injured when she pulled a rolling security gate off its tracks while attempting to open it. Plaintiff sued ABC on the theory that it should have inspected the condition of the gate prior to the film shoot. The trial court entered a judgment of nonsuit against plaintiff and she appealed.
Horvitz & Levy represented ABC Studios on appeal. The Court of Appeal affirmed on the basis that ABC implicitly delegated to plaintiff's employer the duty owed to her to ensure the area used for the film site was a safe environment for the contemplated security work. Consequently, when ABC hired plaintiff's employer, it delegated any responsibility it had to inspect the gate to ensure that it was equipped with proper safety features.