Confidential

Facts

Michael Powers was a crane operator hired to work on a state road decommission project in the Humboldt
Redwoods State Park. His employer was Golden Bear Engineering. Although the state required heavy
equipment operators to submit proof of experience, Powers was hired as a substitute to operate an excavator.
Although Powers was experienced in crane operation, he had very little experience operating an excavator. The
state permitted Powers to work without an investigation.
On Sep. 15, 1999, Powers was operating an excavator that was placed on a man-made bench. The excavator
slid off the bench and into a creek. Powers was ejected, landed on some rocks, and died. The plaintiff, Judy
Powers, Michael Powers' wife, sued defendant State of California for premises liability and wrongful death.
The defendant contended that the decedent was negligent in operating the vehicle and
did not wear a seat belt at the time of the accident. The defendant also contended that it was
immune from liability for the negligence of Golden Bear, Powers' employer.