Madden

Madden v. Summit View, Inc.

Good Law
165 Cal. App. 4th 1267·2008 Cal. App. LEXIS 1227·81 Cal. Rptr. 3d 601
Court of Appeal of CaliforniaAugust 11, 2008A117128California5,145 words

Opinion

Opinion

Margulies, J.

Plaintiff David Madden was injured when he fell from a raised patio while working for a subcontractor at a home construction site. He sued the general contractor, Summit View, Inc. (Summit View), alleging that his injuries were caused by Summit View’s negligence in failing to place a protective railing along the open side of the patio. Summit View moved successfully for summary judgment under the Privette-Toland doctrine. (Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ] (Privette); Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 [ 74 Cal.Rptr.2d 878 , 955 P.2d 504 ] (Toland).) Madden contends that the trial court erred in finding there were no triable issues of material fact. We affirm.

I. BACKGROUND

A. Pleadings

Madden, an electrician employed by a subcontractor at a home construction site, sued Summit View, the general contractor, for injuries he sustained on July 1, 2003, in a fall from a raised unenclosed patio at the site. Madden’s form complaint asserted a single cause of action for premises liability against Summit View, based on the allegation that his injuries were proximately caused by Summit View’s negligence…

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