Eric Martinez v. Summit Builders

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric MARTINEZ, Plaintiff-Appellant, v. SUMMIT BUILDERS, Defendant-Appellee. No. 94-56150. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1995. Decided Jan. 17, 1996. 1 Before: SCHROEDER and O'SCANNLAIN, Circuit Judges, and BURNS, * District Judge. 2 MEMORANDUM ** 3 Eric Martinez appeals the district court's summary judgment for Summit Builders in Martinez's diversity action alleging negligence. Martinez, a roofer, was injured after he fell off the roof of a building on which he was working for Bryant Universal Roofing, Inc., a subcontractor hired by Summit. Martinez alleged that Summit negligently maintained and supervised the site where Martinez worked. 4 In this appeal, Martinez acknowledges that the California Supreme Court's recent decision in Privette v. Superior Court, 854 P.2d 721 (Cal.1993), prevents Martinez from relying upon the "peculiar risk" doctrine for recovery against…