McCullar

McCullar v. SMC Contracting Incorporated

Good Law
Court of Appeal of CaliforniaOctober 12, 2022C093295MCalifornia7,909 words

Opinion

Opinion

Filed 10/12/22 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

TOMMY RAY MCCULLAR et al., C093295

Plaintiffs and Appellants, (Super. Ct. No. SC20160049)

v. ORDER MODIFYING OPINION

SMC CONTRACTING, INC., [NO CHANGE IN JUDGMENT]

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of El Dorado County, Michael J. McLaughlin, Judge. Affirmed.

Law Office of Mark R. Swartz, Mark R. Swartz; and C. Athena Roussos for Plaintiffs and Appellants.

Ford, Walker, Haggerty & Behar and B. Eric Nelson for Defendant and Respondent.

THE COURT:

It is ordered that the opinion filed herein on August 29, 2022, and certified for publication on September 13, 2022, be modified as follows: 1. On page 17, after the first partial paragraph that ends with “we apply similar logic to reject McCullar’s negligence claim here,” the following paragraphs and footnote are

1 inserted. This footnote shall be footnote 1, which will…

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