Summary Judgment Granted for Hotel’s GC

Los Angeles Superior Court grants OLG’s Motion for Summary Judgment on the basis of lack of duty related to injury from collapse of furniture in a hotel, resulting in dismissal of OLG’s client.

Plaintiff alleged that when he moved a marble-topped table, the marble top detached and fell toward him, causing him to fall and strike his back on his bed frame.  The table top detached when screws holding the plywood base to the legs pulled loose.  He allegedly suffered an anterior L1 compression fracture with 50% loss in height.  OLG’s client was the general contractor for a remodel of the hotel that included the table at issue.  OLG moved for summary judgment on behalf the GC on the grounds that it owed no duty in relation to the screws, thus it could not have breached any duty, and it was not the proximate cause of plaintiff’s injuries due to the screw failure.  The Court agreed with OLG that the plywood base was screwed to the legs by the manufacturer, thus the GC had not duty, did not breach any duty, and was not a proximate cause of injury.  The Court further determined that because the GC was not liable to plaintiff, the indemnity cross-complaints filed by multiple parties also failed.

Joel Witzman wrote the prevailing brief and argued the motion.