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| Case Name | Madden v. Summit View, Inc. | |
|---|---|---|
| Date | 08/11/2008 | |
| Note | Plaintiff did not know how high he was off the ground when he fell and no one else witnessed the accident. Plaintiff is therefore unable to establish that a safety railing would have been required by section 1621 at the location where he fell. Since he cannot prove a causal relationship between his injuries and Defendant's asserted omission to perform a nondelegable duty, Plaintiff cannot avoid summary judgment. | |
| Citation | A117128 | |
| WCC Citation | WCC 34112008 CA |
He sued the general contractor, Summit View, Inc. (Summit View), alleging that his injuries were caused by Summit View's negligence in failing to place a protective railing along the open side of the patio. It was undisputed that Summit View was the general contractor and Madden was an employee of the subcontractor at the Welsh construction site. )*fn2 In contrast, Madden produced virtually no evidence here that Summit View retained control over general safety conditions at the Welsh site. He sued the general contractor, Summit View, Inc. (Summit View), alleging that his injuries were caused by Summit View's negligence in failing to place a protective railing along the open side of the patio. It does, however, negate any claim by Madden that Summit View induced him to believe the hazard did not exist or that the hazard was otherwise concealed from him but known to Summit View.
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