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Case Name Suarez v. Pacific Northstar Mechanical, Inc.
Date 12/18/2009
Note Cal-OSHA statutes created a statutory duty of care for a subcontractor to warn a general contractor about a dangerous electric hazard that caused two workers to suffer severe injuries.
Citation A121349
WCC Citation WCC 35872009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR No. A121349 December 18, 2009 MIGUEL SUAREZ ET AL. , PLAINTIFFS AND APPELLANTS, v. PACIFIC NORTHSTAR MECHANICAL, INC. FACTUAL AND PROCEDURAL BACKGROUND In January 2005, appellants Miguel Suarez and Luis Avila were working for a construction company called All Bay Contractors, Inc. (All Bay). All Bay hired respondent Pacific Northstar Mechanical, Inc. (PNM) as a subcontractor to install only the heating, ventilation, and air conditioning (HVAC) components of the project. Unbeknownst to Suarez, the light fixture that was hanging from the I-bolt he grabbed was the ungrounded fixture. When Suarez grabbed the I-bolt, he immediately received an electric shock, fell off the ladder, and landed on Avila, resulting in injuries to both men.

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