Zamudio

J.Appellant Ramon Zamudio contends the trial court wrongly granted summary judgment in his action against the City and County of San Francisco, Tutor-Saliba Corporation, and Largo Concrete, Inc. The issue presented is whether an injured employee of a subcontractor on a construction project, who has received workers’ compensation benefits for his injury, is barred from pursuing a lawsuit in tort for the same injury against the owner of the construction project, its construction manager, and his employer. We conclude summary judgment was properly granted, and affirm the trial court’s rulings.

I. Facts and Procedural History

Appellant was a laborer at a construction site, helping to pour concrete for a new parking garage on Airport Boulevard in San Bruno. Concrete laborers utilized portable structures called flying forms. Appellant was moving plywood on the seventh floor of the building under construction at the time of the accident. When he stepped on the piece of plywood resting between two flying forms, the plank gave way, causing appellant to fall and seriously injure himself. It was alleged that appellant’s employer, Largo Concrete, Inc. (Largo), had not properly…