California Court of Appeal

In an action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College, grant of summary judgment in favor of defendants is affirmed over claims of error that: 1) defendants had delegated the task of making the worksite safe to others, and that they did not exercise any retained control in a manner that affirmatively contributed to plaintiff's injuries; 2) California Occupational Safety and Health Act of 1973 (Cal-OSHA) regulations did not establish defendants' negligence per se or impose a non-delegable duty on defendants; and 3) that plaintiff's expert testimony lacked foundation.

Appellate Information

• Decided 09/03/2008
• Published 09/03/2008

Judges

• ZELON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, Roger L. Gordon, Vincent F. Bennett, and Noah Green, Los Angeles, for Plaintiff and Appellant Anthony Padilla.


• For Appellees:
  
• Horvitz & Levy, Stephen E. Norris, Curt C. Cutting, Peder K. Batalden, Encino;  Cozen O'Connor and Huey P. Cotton, Los Angeles, for Defendants and Respondents Pomona College and Gordon & Williams General Contractor, Inc.