Miranda

Rudy Miranda worked as a locksmith at a university campus in Fullerton. His office was located next to a vacant lot, used in 2005 for stockpiling excess dirt from a large construction project. Miranda contracted the infectious fungal disease coccidioidomycosis, commonly called “Valley Fever.” He sued general contractor, Bomel Construction Co., Inc. (Bomel), and subcontractor, J/K Excavation & Grading Co., Inc. (J/K). Miranda’s general negligence complaint alleged Bomel and J/K “negligently, carelessly and unlawfully allowed the'excavated dirt to be in a dangerous, defective, and unlawful condition so as to cause [Miranda] to sustain severe injuries and damages when he breathed the injurious particles from the excavated dirt.” Miranda’s wife, Donna Miranda (Donna), sued for loss of consortium.

The trial court entered summary judgment in favor of Bomel and J/K, concluding they did not owe a duty to protect Miranda from exposure to the fungus, and it could not be established they proximately caused Miranda’s or his wife’s injuries. We conclude the court was right and affirm the judgment.

I

Bomel contracted with the Trustees of the California State University to construct…