Trial court improperly instructs jury that right of control is dispositive in determining whether worker is City's employee or independent contractor.
Cite as
2010 DJDAR 11804Published
Jul. 30, 2010Filing Date
Jul. 28, 2010BARRY A. BOWMAN,
Plaintiff and Respondent,
v.
TOMMIE WYATT, JR., et al.,
Defendants and Appellants.
No. B207468
(Los Angeles County
Super. Ct. No. BC329390)
California Courts of Appeal
Second Appellate District
Division Four
Filed July 28, 2010
ORDER MODIFYING OPINION
AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:*
It is ordered that the opinion filed herein on July 1, 2010, be modified as follows:
On page 5, line 3, ?$776,339? is replaced with ?$776,399.[Fn. 3]? Footnote 3 reads: ?The judgment erroneously indicated an award of $776,339 for past economic loss, but it accurately reflected the total damages award of $15,735,404.? All subsequent footnotes will require renumbering.
There is no change in the judgment.
The petition for rehearing is denied.
* EPSTEIN, P. J. WILLHITE, J. SUZUKAWA, J.
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