Lopez

Lopez v. C.G.M. Development, Inc.

Good Law
101 Cal. App. 4th 430·124 Cal. Rptr. 2d 227·2002 Cal. App. LEXIS 4527·2002 Daily Journal DAR 9632·67 Cal. Comp. Cases 1023
Court of Appeal of CaliforniaMay 31, 2002B150621California4,593 words

Opinion

Opinion

Mallano, J.

Plaintiff, an employee of a subcontractor on a construction project, was injured on the job and brought this action against the owner of the property, seeking damages for personal injuries. The property owner moved for summary judgment on the ground that it had not breached a duty to plaintiff. The trial court granted the motion. Plaintiff has appealed.

We conclude that summary judgment was properly granted because this action is barred by the exclusive remedy provisions of the Workers’ Compensation Act, and the property owner did not affirmatively contribute to the cause of plaintiffs injuries.

I

Background

On October 23, 1997, C.G.M. Development, Inc. (CGM), a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located at 17232 Railroad Street in the City of Industry. The contract provided in part: “[Dekkon] shall supervise and direct the Work, using its best skill and attention. [Dekkon] shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract…

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