David Rehart v. C.A. Rasmussen Inc., City of Santa Clarita, Los Angeles County, State of California, and Does 1 through 100, inclusive
Published: Feb. 18, 2017 | Result Date: Jan. 19, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC602571 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
John P. Kristensen
(Carpenter & Zuckerman)
David L. Weisberg
(Office of the Los Angeles City Attorney)
Defendant
Brian I. Hamblet
(Burke, Williams & Sorensen LLP)
Georgette R. Herget
(Burke Williams & Sorensen LLP)
Facts
On Jan. 1, 2015, plaintiff fell into a four to five foot deep trench located on a construction site for Highway 126, in Castaic. Plaintiff filed suit against C.A. Rasmussen Inc., the City of Santa Clarita, Los Angeles County, and the State of California.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that due to defendants' negligence, failure to warn of the existence of the trench, and failure to erect sufficient lighting, barriers or safety barricades around the trench, he fell into the trench and sustained injuries.
Plaintiff asserted causes of action for negligence, premises liability, dangerous condition of public property, failure to warn of dangerous condition of public property, dangerous condition of public property, and vicarious liability.
DEFENDANT'S CONTENTIONS:
The City of Santa Clarita contended in its motion for summary judgment that because it did not own or control the property, it was immune from direct liability under Government Code section 835.
Injuries
Plaintiff claimed the fall caused him to twist and bend his left knee awkwardly and that he injured his right shoulder when he landed on it.
Result
The court granted the City of Santa Clarita's motion.
Other Information
The case is ongoing as to the remaining defendants. FILING DATE: Dec. 1, 2015.
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