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Case Name | Marquez v. Novellus Systems | |
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Date | 02/23/2009 | |
Note | A property owner is not liable to a dead tree trimmer's estate because it did not owe him a duty to protect him from a wood chipper. | |
Citation | H033103 | |
WCC Citation | WCC 34982009 CA |
Filed 2/23/09 Marquez v. Novellus Systems CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8. 1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8. 1115(b). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT MIGUEL ANGEL MARQUEZ, et al. , Plaintiffs and Appellants, v. NOVELLUS SYSTEMS, INC. , Defendant and Respondent. Ct. No. CV074284) In this wrongful death action based on premises liability, defendant Novellus Systems, Inc. (Novellus) obtained summary judgment on the ground that the decedent was the employee of a contractor Novellus had hired to work on its property. In October 2004 Novellus retained ArborScience, Inc. to trim and cut trees on property owned by Novellus. Novellus provided a declaration by John Blanchette, the facilities manager at Novellus, who had hired ArborScience to do the tree-trimming work on the Novellus property.
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