Brannan

Brannan v. Lathrop Construction Associates, Inc.

Good Law
142 Cal. Rptr. 3d 336·2012 Cal. App. LEXIS 680·206 Cal. App. 4th 1170·2008 WL 8833510
Court of Appeal of CaliforniaMay 21, 2012No. A129695California3,779 words

Opinion

Lead Opinion

Margulies, J.

While working for a masonry subcontractor at a school construction site, Brian Brannan slipped on wet scaffolding and injured his back. He sued the general contractor, Lathrop Construction Associates, Inc. (Lathrop), alleging his injuries were caused by Lathrop’s negligence in *1173 sequencing and coordinating construction work at the site, and failing to call a “rain day” to protect workers from dangerous conditions caused by slippery surfaces. Lathrop 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 R2d 721] (Privette); Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253 [ 74 Cal.Rptr.2d 878 , 955 P.2d 504 ] (Toland).) Brannan contends the trial court erred in finding there were no triable issues of material fact. We affirm.

I. INTRODUCTION

A. Pleadings

Brannan filed a complaint on October 29, 2008, alleging Lathrop was actively negligent in failing to carry out its duties of care as the general contractor on a construction project at El Cerrito High School. He alleged Lathrop’s negligence caused him to suffer personal injury when he slipped on wet…

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