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Hooker v. Department of Transportation1/31/2002 e operations were conducted; the contractor, consequently, was not "entirely free to do the work in his own way." (Rest.2d Torts, ยง 414, com. c, p. 388.) Whether after full discovery and trial a jury would agree with plaintiff that Caltrans's management of traffic at the site was partly responsible for the crane's unsafe operation and the resulting accident is not at issue at this point in the proceedings. To properly obtain summary judgment, defendant must show that plaintiff "has not established, and cannot reasonably expect to establish, a prima facie case" of negligent exercise of retained control. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 768, italics added.) Defendant has not made that showing.
I would affirm the judgment of the Court of Appeal.
WERDEGAR, J.
Unpublished Opinion XXX NP opn. filed 8/9/00 - 2d Dist. , Div. 4
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