Opinion

People v. Bunn

  • 27 Cal. 4th 1
  • 115 Cal. Rptr. 2d 192
  • 2002 Daily Journal DAR 309
  • 37 P.3d 380
  • 2002 Cal. Daily Op. Serv. 235
Court
California Supreme Court
Filed
Jan 10, 2002
Status
Published
Author
Brown
On the bench
Baxter, Brown
Cited by
88 cases
Authority
More cited than 26.2%

holding property owner that "retained control over safety conditions 24 at the worksite," and knowingly "permitted" unsafe practice to continue at worksite, not 25 liable for death of independent contractor's employee, where owner "did not direct" 26 employee to engage in unsafe practice

How later courts described this case

  • holding property owner that "retained control over safety conditions 24 at the worksite," and knowingly "permitted" unsafe practice to continue at worksite, not 25 liable for death of independent contractor's employee, where owner "did not direct" 26 employee to engage in unsafe practice
  • doctrine of separation of powers “seeks to avoid ... the ’concentration of power in a single branch of government’” (quoting Kasler v. Lockyer, 23 Cal.4th 472, 97 Cal.Rptr.2d 334, 2 P.3d 581, 595 (2000))
  • a trial court may 3 appropriately take into account its own observations in determining whether the defendant's 4 mental state has significantly changed during the course of trial
  • “The [California] Constitution thereby seeks to avoid . . . the overreaching by one branch against others.” (internal quotations and citations omitted)

Written by the judges who cited it.

The opinion

BROWN, J.

I concur in the judgment under compulsion of People v. Frazer (1999) 21 Cal.4th 737 [ 88 Cal.Rptr.2d 312 , 982 P.2d 180 ] (see id. at pp. 782-784 (dis. opn. of Brown, J.)) and Plaut v. Spendthrift Farms, Inc. (1995) 514 U.S. 211 [ 115 S.Ct. 1447 , 131 L.Ed.2d 328 ].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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