McGinty

McGinty v. Holt of California

Good Law
United States District Court, Eastern District of CaliforniaAugust 10, 20222:22-cv-00865California1,481 words

Opinion

Trial Court Opinion

I. Factual and Procedural Background

27 On or about October 1, 2019, plaintiff began work as a 28 Field Preventative Maintenance Mechanic for defendant. (Compl. ¶ 13.) Defendant is a corporation that sells and rents heavy equipment and provides maintenance services to customers in the construction equipment industries. (Id. ¶ 2.) The complaint alleges that between February and March of 2020, defendant ordered plaintiff three times to work on a machine at a landfill that was filled with asbestos. (Id. ¶¶ 16, 20, 21.) Plaintiff completed the work the first two times he was ordered to do so. (Id. ¶¶ 16, 20.) The third time defendant ordered him to service the machine, on or about March 26, 2020, plaintiff told his managers about the asbestos covered machine and landfill. (Id. ¶ 21.) The managers informed plaintiff that he would be provided with the proper equipment and that the machine would be washed before he serviced it. (Id.) The complaint alleges that plaintiff was not provided with any protective equipment and that the machine was not washed upon his arrival at the landfill, and…

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