COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA D043626 December 29, 2004 DOUGLAS BELL, PLAINTIFF AND APPELLANT, v. GREG AGEE CONSTRUCTION, INC. CERTIFIED FOR PUBLICATION Douglas Bell appeals from a summary judgment in favor of general contractor Greg Agee Construction, Inc. and its principal Greg Agee (collectively Agee) on Bell's complaint for personal injuries he sustained after a wall fell on him at his workplace. FACTUAL AND PROCEDURAL BACKGROUND In April 2002, Bell, an employee of Kincaid Construction Co. (Kincaid), was working at a construction site when a gust of wind caused a framed wall to fall on him, injuring his back. Bell further alleged Agee should have recognized that the work of framing was likely to create a special risk of bodily harm to others unless special precautions were taken. Bell's Contentions In a series of arguments based on Privette's underlying policies and objectives, Bell contends Privette should not bar his claims against Agee.

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