Gonzalez

Gonzalez v. Mathis

Good Law
20 Cal. App. 5th 257·228 Cal. Rptr. 3d 832
Court of Appeal of CaliforniaFebruary 6, 2018B272344California6,684 words

Opinion

lead Opinion

Zelon, J.

*262 Luis Gonzalez, a professional window washer, filed a premises liability action against John Mathis. Mathis moved for *834 summary judgment, arguing that Gonzalez's status as an independent contractor precluded his claims. The trial court granted the motion. We reverse, concluding there are triable issues of fact whether Mathis can be held liable for Gonzalez's injuries.

FACTUAL BACKGROUND

A. Summary of Mathis's Property

Defendant John Mathis owned a residence that contained an indoor pool. The pool was located in the northwest corner of the home, and covered by a large, rounded skylight that protruded through the flat roof. The section of roof located to the west of the skylight was divided by a three-foot-high parapet wall that ran parallel to the skylight. The area of roof between the skylight and the east side of the parapet wall was partially obstructed by a series of ventilation pipes and mechanical equipment. The area of roof on the west side of the parapet wall consisted of an exposed ledge, approximately two feet in width. Mathis had constructed the parapet wall to screen from view the piping and mechanical equipment positioned next to the skylight.

A ladder…

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