Subcontractor Found Not Liable In Premises Liability Action

July 1, 2004

Attorneys in the Orange County office successfully moved for summary judgment on behalf of an air conditioning subcontractor in a premises liability case. While working inside one of the mechanical rooms under a construction project in the Cerritos Civic Center, plaintiff and a fellow employee lifted a heavy piece of plywood that was covering the concrete floor. In the middle of the floor was a large duct hole that was built to house the vents that were to be installed by the air conditioning subcontractor. Plaintiff was not aware of the hole and as he lifted up the plywood board, he stepped forward and fell through it to the basement floor below. He suffered a shoulder separation, rib fracture, and multiple other injuries. The case was investigated by OSHA who determined that the plywood covering was not bolted down and did not contain any warning of the presence of the hole. Plaintiff sued the general contractor and various subcontractors who were working in the area. The air conditioning subcontractor moved for summary judgment on the basis that there was no testimony that it had constructed the hole or that it installed, replaced, or otherwise tampered with the plywood covering and had no knowledge of the dangerous condition. In sustaining the motion, the trial court agreed with the defense that the opposing evidence relating to the defense's involvement was too speculative to survive a summary judgment. The court also sustained our evidentiary objections to the opposing evidence. Tom Y. Mei and Michelle A. Hancock focus their practice on premises liability issues. Richard D. Newman focuses his practice on law and appellate matters.