Premises Liability Case Dismissed after Court Grants Demurrer

January 19, 2011

Tim M. Agajanian and German A. Marcucci received a voluntary dismissal and waiver of costs in a premises liability case after the court granted demurrer.

The plaintiff claimed that while working on a construction project, he was exposed to sandblasting and painting byproducts, allegedly created by the defendants and resulting in the plaintiff suffering permanent respiratory injuries. The plaintiff’s wife sought damages for loss of consortium. Mr. Marcucci and Mr. Agajanian demurred to the plaintiff’s complaint on the grounds that the injuries sustained were within the exclusive jurisdiction of the California Workers Compensation Act. The Court granted the demurrer with leave to amend. Shortly thereafter, the plaintiffs agreed to dismiss their case in exchange for a waiver of costs.