Ct. No. FCS028210) The trial court granted summary judgment to respondent Fillner Construction, Inc. (Fillner), and dismissed the personal injury action of appellants Jeffrey and Catherine Tverberg. Tverberg had more than 20 years experience in structural steel construction and held a state contractors license under the name of J. T. Constructiona sole proprietorship consisting exclusively of Tverberg. Tverberg alleged causes of action for negligence and premises liability; Catherine Tverberg pled a cause of action for loss of consortium. (Tverberg v. Fillner Construction, Inc. (2011) 193 Cal. App. 4th 1121, review granted July 13, 2011, S192804. )Third, the Tverbergs claim that the affirmative contribution is demonstrated by evidence that Fillner failed to cover the holes after Tverberg twice asked Fillner to do so.

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