Marquez

Plaintiff Jorge Marquez, a private security guard who slipped and fell while patrolling a building leased, operated and maintained by defendants Visa International and Visa USA (collectively Visa) and Mainframe, appeals from a summary judgment granted in defendants’ favor. The trial court ruled that plaintiff’s claim for personal injury was barred by “primary assumption of the risk” as defined in the California Supreme Court case of Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ] (Knight). We disagree and will reverse.

Background

We summarize the undisputed facts as set forth in the summary judgment papers. On September 21, 1992, plaintiff was making his rounds while patrolling a building leased and occupied by defendant Visa in the course of his employment as a security guard for Pinkerton Security. Plaintiff’s duties included patrolling the parking area and internal floors, responding to alarms, providing escorts for Visa personnel, and assisting in fire emergencies. Part of his duties included looking for any safety hazards and reporting them so that the maintenance crew could take remedial action.

On the night in question, plaintiff was…