ANDREW GARCIA et al. , Plaintiffs and Appellants, v. ESS PRISA II, LLC, Defendant and Respondent. Plaintiff and appellant Andrew Garcia was seriously injured when he fell through a skylight while performing rooftop air conditioning repairs for his contractor/employer on a building owned by defendant and respondent ESS Prisa II, LLC (ESS). On the day of the injury, Garcia met with ESS manager, Von K. Stroff, who told him there was a problem with one of the air conditioning units. ESS never instructed Garcia about how to do his job and did not supply him with tools or equipment. Here, even if Garcia is correct that ESS maintained control over the premises a dubious point there is no evidence ESS exercised the type of control of the worksite that affirmatively contributed to Garcia's injury.

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