Sanchez

Sanchez v. Swinerton & Walberg Co.

Good Law
1996 Cal. App. LEXIS 726·47 Cal. App. 4th 1461·55 Cal. Rptr. 2d 415·96 Daily Journal DAR 9127·96 Cal. Daily Op. Serv. 5617
Court of Appeal of CaliforniaJune 27, 1996B097531California4,025 words

Opinion

Opinion

Spencer, J.

Introduction

Plaintiffs David and Diane Sanchez appeal from a summary judgment granted in favor of defendants Swinerton & Walberg Company and Coan Construction Company, Inc. We affirm.

Statement of Facts

Defendant Swinerton & Walberg Company was the general contractor for construction of the Los Angeles Times Olympic Production Facility. Defendant Coan Construction Company, Inc. (Coan) was the concrete subcontractor. As subcontractor, Coan poured walkways, an entrance ramp, a stairway and a landing at the entrance of the facility. These structures were open to the air. It is undisputed that defendant Swinerton generally complied with the project’s plans and specifications. There is no evidence as to whether defendant Coan complied with the plans and specifications for the concrete structures. Upon completion of the project, the facility was accepted by the owner.

On February 10, 1992, roughly two years after the facility was completed, plaintiff David Sanchez went to the Olympic Production Facility. It had been raining recently. Plaintiff walked up the stairs, across the landing and through the entrance into the transportation office. After taking three or four steps…

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