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Case Name | Suarez v. Pacific Northstar Mechanical, Inc. | |
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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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