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Huffman v. City of Poway11/13/2000
CERTIFIED FOR PUBLICATION
CONSOLIDATED appeals from judgments of the Superior Court of San Diego County, David B. Moon, Judge. Reversed.
Appellant David W. Huffman, an actor in a musical play coproduced by Reunion Productions (Reunion) and respondent Arts Alive! Foundation (AAF), was injured while rehearsing the play at a facility owned and operated by respondent City of Poway (City). Huffman's lawsuit alleged claims for negligence against AAF and for premises liability (Gov. Code, ยง 835) against City. The jury found in favor of Huffman, assessed comparative negligence among the parties, and awarded damages of $93,700.
However, the trial court entered judgments in favor of AAF and City. First, the trial court ruled that because AAF was Huffman's employer and had secured workers' compensation protection, Huffman's exclusive remedy was to collect workers' compensation benefits and he could not pursue a tort claim against AAF. Second, the trial court ruled City was not liable under Government Code section 835 because Huffman was injured on property that City did not own or control. Huffman's appeal challenges both rulings.
I. FACTUAL BACKGROUND
A. The Actors
Reunion produced the musical play Dracul at the San Diego Lyceum Theater (the Lyceum) during the summer of 1995. Huffman was a professional actor hired by Reunion to perform roles in the play.
After completing its run at the Lyceum, the play was moved to the Poway Center for the Performing Arts (the Center) pursuant to a coproduction agreement between Reunion and AAF. The Center is owned and operated by City.
B. The Set
Huffman participated in a scene in the play, entitled "Phobia," during which actors enter and depart from the stage through trap doors in the stage apron. The trap doors were arranged in a triangular configuration at the Lyceum. However, when the play moved to the Center, the configuration and spacing of the trap doors was changed to accommodate the Center's different stage apron configuration.
Under the coproduction agreement, Reunion supplied the props and stage scenery, the actors, and the director and assistant director; AAF provided the Center and a technical director. Reunion provided the trap door mechanisms that were used at the Lyceum, and AAF installed the mechanisms into the Center's stage apron. At the time of Huffman's injury , the trap doors were open for rehearsal of the Phobia scene.
C. The Injury
Because the Lyceum's stage had different dimensions from the Center's stage, and the location of the trap doors had been reconfigured, it was necessary to remount and reblock the Phobia scene. On October 13, 1995, the troupe convened at the Center for a rehearsal under the direction of Mr. Woodhouse, the director of Dracul. Hamlin was also present at the rehearsal.
The purpose of the rehearsal was to familiarize the cast with the new stage and trap door configuration and to reblock the scene. Because the Phobia scene required use of the trap doors, Woodhouse instructed that the trap doors be open for the rehearsal. Before the rehearsal began, the actors familiarized themselves with the trap doors by inspecting and crawling in and out of the door openings. Woodhouse cautioned the actors to familiarize themselves with the new configuration and to move carefully and slowly through the scene.
Huffman saw that the trap doors were closer together than at the Lyceum and were open. He recognized the different configuration would require extensive adjustments in the blocking of the scene. Huffman suggested that portions of the choreography be moved fr
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