Congratulations to Newport Beach Partner Courtney Serrato and Associate Joseph Real on Prevailing on a Motion for Summary Judgment for their Client!
Plaintiff filed a lawsuit alleging negligence and premises liability against BWB&O’s client, a general contractor of a multi-level construction project. Plaintiff was injured after a fall at the construction project and filed suit against BWB&O’s client and another subcontractor.
Plaintiff alleged BWB&O’s client was negligent and was responsible for causing Plaintiff’s fall. BWB&O filed a Motion for Summary Judgment arguing under the Privette Doctrine and its progeny, it neither owed nor breached any duty to Plaintiff and that no exception to the doctrine applied. Under the Privette Doctrine, when a person or entity hires an independent contractor to provide work or services, and one of the contractor’s employees is injured on the job, the hirer is generally not liable to the employee.
Plaintiff opposed the motion but failed to meet its burden. The Court ultimately agreed that there were no triable issues of material fact with regard to the Privette Doctrine, and neither the retained control exception nor the concealed hazard exception applied to BWB&O’s client. As a matter of law, the Court held BWB&O’s client owed no duty to Plaintiff and thus, breached no duty and granted its Motion for Summary Judgment in its entirety!
Please join us in congratulating Courtney and Joseph on this amazing result for their client!