Bit Parts

The Court of Appeal of California, Second District, affirmed that a crew member for the TV series “Dragnet” was a “special employee” and therefore limited to workers' compensation as his sole remedy for a hand injury he sustained while working on the set. Carpenter v. Universal City Studios L.L.L.P. (UCS), B186031. Christopher Carpenter had sued UCS for premises and product liability on the ground that he was employed by Universal Network Television (UNT) and that UCS was the soundstage landlord. UCS argued it was Carpenter's “special employer” under the borrowed servant doctrine. The court of appeal considered intent in an unsigned personnel services agreement (PSA) between UNT and the payroll company Entertainment Partners Services Group (EP). In its unpublished opinion, the court noted that the draft stated “for purposes of workers' compensation, that UNT and [the designated personnel employer] EP agreed that other 'Producer Entities' would be deemed 'special employers' and would be involved in directing and supervising crew. 'Producer Entitles' were defined as, among other things, others furnishing the services of a person to UNT for Dragnet, and UNT's 'affiliated companies.' [Universal TV group controller Melissa] Leffler, who negotiated the agreement, testified that 'affiliated companies' meant UCS.”