Greatway Roofing v. SCCI CA2/6

FACTS

Greatway Roofing, Inc. (Greatway) contracted to resurface the roof and remove air-conditioning equipment at a premises owned by a non-party. The roof on the premises contained a number of skylights. Rod Menzel, the owner of Greatway, created a safety plan for work on the roof. Some of the skylights were covered with wood structures. The uncovered skylights were in a section marked off as “no access.” Alex Luna was an independent contractor working for SCCI, Inc. (SCCI). Greatway contracted with SCCI to provide safety instruction to its employees. On October 9, 2017, Luna was on the jobsite to conduct a workplace safety meeting for Greatway. The topic was slip and fall. Roof safety was not addressed. After the meeting Menzel asked Luna if he would accompany him to the roof so that Menzel could show him what he put in place as the safety plan for the project. Neither Luna nor SCCI were hired to review Greatway’ s safety plan. Luna voluntarily agreed to do so. Luna spent approximately 10 to 15 minutes on the roof. Menzel asked Luna, “What do you think of what we’ve done?” Luna replied, “You guys did a great job there.” Menzel believed Luna was referring to the overall safety…