Juan Jose Sanchez v. Doyle's Work Company Inc., and Does 1-25, inclusive
Published: Dec. 27, 2019 | Result Date: Oct. 4, 2019 | Filing Date: Oct. 28, 2016 |Case number: CGC-16-555081 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Brian L. Larsen
(Law Offices of Brian L. Larsen)
Defendant
Lisa M. Cappelluti
(Gordon & Rees LLP)
Beth Ann Fruechtenicht-Aney
(Gordon & Rees LLP)
Facts
Juan Sanchez filed suit against Doyle's Work Company after Sanchez' hand was crushed while unloading steel beams off a forklift at a construction site in San Francisco on August 19, 2016.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Doyle Work Company's negligent excavation work conducted on the construction site caused the forklift to shift. Plaintiff contended that the beams shifted off the forklift because the ground shifted underneath the forklift.
DEFENDANT'S CONTENTIONS: Defendant contended that it owed no duty and did not cause the Plaintiff's injury. The defendant did not conduct excavation work on the specific ground where the accident occurred. It further contended that the injury was caused by both the plaintiff's use of his hands to steady the beams and the forklift operator's improper shifting of the forklift. Both actions violated safety protocols.
Result
The court granted defendant's motion for summary judgment on the grounds that DWC owed no duty and did not cause the plaintiff's injury.
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