Andrade v. RPD Norwalk
Filed 8/24/06 Andrade v. RPD Norwalk CA2/37
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| REUBEN ANDRADE, Plaintiff and Appellant, v. RPD NORWALK, LLC, et al., Defendants and Respondents. | B185954 (Los Angeles County Super. Ct. No. VC041176) |
APPEAL from an order of the Superior Court of Los Angeles County,
Brian F. Gasdia, Judge. Affirmed.
Stolpman, Krissman, Elber & Silver and Dennis M. Elber for Plaintiff and Appellant.
Veatch Huang, Mark A. Weinstein, Dawn M. Oster and Douglas S. Fabian for Defendants and Respondents.
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Plaintiff and appellant Reuben Andrade (Andrade) appeals an order of dismissal following the grant of summary judgment in favor of defendants and respondents RPD Norwalk LLC (Norwalk) and Newmark Merrill Companies (Newmark) (collectively, defendants).
The essential issue presented is whether defendants, who hired an independent contractor to perform plumbing work above a suspended ceiling, may be held liable to Andrade, the contractor's employee, who was injured as a result of a hazardous condition on defendants' premises.
We conclude Andrade, as the employee of an independent contractor sent to repair a leaking pipe, cannot sue defendants, who hired the independent contractor. Defendants were not obligated to undertake a structural inspection prior to permitting a plumber to enter the space above the suspended ceiling. The duty to inspect the work area to ensure the plywood platform was adequately supported is â€
