Jose Garcia v. Whiteside Construction Corporation, Tom Capitani, Plant Construction Company, and Does 1 through 100, inclusive
Published: Feb. 20, 2016 | Result Date: Jan. 22, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-538269 Summary Judgment – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Raymond Ghermezian
(Raymond Ghermezian APLC)
David Azizi
(Law Offices of David Azizi)
Defendant
Wendy M. Schenk
(Selman, Leichenger, Edson, Hsu, Newman & Moore LLP)
Facts
Jose Garcia sued defendants for negligence and negligence per se relating to an injury he sustained while working at a construction site in San Francisco on April 17, 2012.
Contentions
PLAINTIFF'S CONTENTIONS:
Garcia contended that he was working on a ladder installing construction bolts into the ceiling when a skid steer operated by Tom Capitani, an employee of Whiteside Construction Corp., negligently and recklessly ran into the cable of the power tool Garcia was operating, causing plaintiff to fall 12 to 15 feet to the ground.
DEFENDANTS' CONTENTIONS:
Defendants denied Garcia's allegations and asserted various affirmative defenses.
Result
The court granted Plant Construction Co.'s motion for summary judgment, concluding that Garcia failed to highlight any conduct of Plant's that affirmatively contributed to his injury.
Other Information
FILING DATE: March 26, 2014.
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