Newby v. Dept. Gen. Services
Plaintiffs worked as stone masons on a project commissioned by the State of California. While working on a mastclimber platform outside the buildings third floor, plaintiffs heard a loud noise as the platform collapsed. They fell to the ground and were buried under rubble. The state contracted with defendant Clark/Gruen Design Build, Inc. (Clark/Gruen) to act as designer and builder for the project. Clark/Gruen contracted with The Clark Construction Group, Inc. (Clark Construction) as general contractor. Clark Construction contracted with Italian Marble and Tile Co., Inc. (IMT) to affix stone to the outside of the building. Plaintiffs worked for IMT.
Plaintiffs filed suit against Clark/Gruen and Clark Construction (collectively Clark) and the State Department of General Services, Real Estate Services Division (State) (Clark and State are referred to collectively as defendants) for negligence and on products liability theories. Clark moved for summary judgment, arguing it was not liable because it did not actively control the premises or the work performed by plaintiffs. The trial court granted the motion, finding that plaintiffs failed to raise a triable issue of material fact that Clark contributed to plaintiffs injuries by any affirmative conduct. Plaintiffs appeal, contending Clark retained control over safety conditions at the work site and this exercise of control affirmatively contributed to plaintiffs injuries. In addition, plaintiffs contend the court erred in disregarding evidence establishing affirmative conduct. Court affirm the judgment.
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