Facts

In March 2018, Anthony Wyatt was working as a sound and communication technician on the construction of the Apple Park campus in Cupertino, California. As he was engaged in his duties, Wyatt slipped and fell on a temporary floor covering called Skudo, which is used to protect finished surfaces from construction site damage, that was not secured to the floor underneath. Wyatt sustained injuries from his fall, and he eventually filed suit against Holder Construction Group, LLC, alleging it was responsible for the unsecured flooring.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was responsible for the temporary flooring he slipped on, specifically that defendant had removed an upper layer of Skudo without making sure the layer left behind was secured to the floor, and that defendant's actions had caused his fall and injuries.

DEFENDANT'S CONTENTIONS: Defendant denied all of plaintiff's material allegations. Defendant further contended that the Skudo was not within its scope of work on the date of plaintiff's injury; that it had no duty to plaintiff and that it did not cause his injury; and that the Privette Doctrine barred plaintiff's claim against defendant, a general contractor at the construction project.

Result

The court granted summary judgment in favor of Holder Construction, finding that it had not affirmatively contributed to Wyatt's injury and did not direct or control Skudo-related work in a way that contributed to Wyatt's injury, so it could not be held liable for his fall.