Summary Judgment Granted In a Premises Liability Case Against a Major Software Company

Los Angeles County Superior Court grants OLG’s summary judgment under the Privette doctrine.  Plaintiff alleged causes of action for negligence and premises liability against multiple defendants including OLG’s building owner client.

Plaintiff was employed by a subcontractor on a project at the building.  Plaintiff alleged that the building owner had its own subcontractors working on different projects in addition to the GC that hired his employer.  Plaintiff fell from scaffolding while performing his work suffering multiple injuries including several fractures and undergoing multiple, unsuccessful surgeries.  Plaintiff alleged that OLG’s client retained control over safety conditions at the building, and was responsible for the condition that caused plaintiff’s injuries.  At the hearing on summary judgment, the Court found that OLG

 had shown the building owner had delegated control over safety at the worksite and thus was entitled to judgment under the Privette doctrine. Plaintiff was granted a six month continuance of the motion based on his assertion that there was significant evidence that would allow him to show that the building owner retained control over safety at the worksite and that it negligently exercised that control contributing to plaintiff’s injuries

The continued hearing was held after multiple depositions and additional written discovery. Despite this additional discovery, the Court agreed with OLG, finding that there was no evidence that the building owner retained control over safety conditions at the worksite.

Joel Witzman supervised the handling of the winning motion.