619-232-8151 Practicing in San Diego since 1962

Chris Todd and Corey Garrard obtain summary judgment, dismissing injured worker’s claims against custom home builder

Wingert Grebing’s client had been engaged by a wealthy individual to oversee construction of an ocean view, Sunset Cliffs home.  During installation of an elegant, glass enclosed spiral staircase, the independently contracted worker fell in the opening around which the staircase ascended. The injured worker sued Wingert Grebing’s client, among others, on the theory it had created – and retained control over – a dangerous condition. The dangerous condition was alleged to have been a combination of flimsy protective paper on the stair case, combined with removal of a temporary guard railing.

Mr. Garrard, taking the lead during argument on the motion, and Mr. Todd, submitting his third successful Privette summary judgment motion to three different branches of the Superior Court in the past year, argued that the injured worker was the primary source of his own injuries.  Given that the custom home builder did not affirmatively contribute to the cause of the worker’s injuries, summary judgment was granted.

The injured worker had earlier rejected a five-figure settlement proposal from the home builder’s liability carrier.  The proposal had been offered in the interest of justice, before the successful summary judgment motion was heard.

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