Facts

The Rahimians owned a house that was under construction. The construction company, Trimax, is a corporation owned by Paul Rahimian's parents. Rahimian was an officer of Trimax and a construction superintendent for it. Plaintiff Armen Frankyan worked for Star Pacific Electric, a subcontractor. The plaintiff was injured when he walked backward and fell into an uncovered hole created when a box was put into the ground. The plaintiff received workers' compensation benefits.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Rahimian is liable for the accident, as both an owner of the house under construction and as a construction superintendent of Trimax. Rahimian visited and supervised the construction site often. He knew of the box, because he purchased it himself.

DEFENDANT'S CONTENTIONS:
The defendant contended that under the Privette doctrine, because the plaintiff received workers' compensation benefits, a property owner is not liable unless he or she "affirmatively contributed" to the injury. The Rahimians did not do so. As an officer of Trimax, Rahimian is not liable because he did not create a dangerous condition and was not at the property on the date of the accident.

Injuries

The plaintiff sustained serious injuries to his leg, causing multiple surgeries and permanent partial disability.

Result

Summary judgment for the defendant Rahimians.

Other Information

The case is proceeding as to the other parties, including the contractor.