McPhail

FACTS

McPhail was employed as a welder by the Simi Valley Unified School District (school district). On July 22, 2019, he was at his welding machine. He was “severely injured when his welding machine became unexpectedly electrified.” He received an electrical shock that caused him to fall “backwards onto the ground.” McPhail claimed his injuries were caused by Mackey, an electrician, who performed electrical work for the school district. McPhail filed an action for damages against Mackey, alleging his negligent electrical work caused his injuries. Mackey answered and then filed a motion for summary judgment claiming: 1) he did not breach “any duty of care”; and 2) under the “Completed and Accepted doctrine, a contractor whose completed work has been accepted is not liable to third parties injured as a result of the condition of the work.” The school district owned the welding machine and decided to relocate it to a “new welding shop.” It hired Mackey “to install a surface mount 50 amp 480v receptacle on the south wall of the new location for a Lincoln TIG Welder.” Mackey completed the work and was paid. The work was performed pursuant to the instructions and accepted by Dave…