Scott Davis, San Diego Partner, Wins MSJ for Developer
On July 24, 2024 Scott Davis, a partner in the firm’s San Diego Office won summary judgment for his developer client.
The case involved an employee of the subcontractor, Plaintiff, who suffered injuries after falling 50-60 feet on a commercial worksite who claimed the Developer Defendant had not properly warned of the hazards. The defense’s argument was 2-fold:
1. The Privette Doctrine which holds that a hiring landowner is generally not liable for injuries sustained by a contract worker working their property, and
2. The exclusive remedy of workers compensation barred Plaintiff’s claims.
Oral argument on the motion centered primarily on Plaintiff’s purported “evidence” (Plaintiff’s statements) that the Developer knew and failed to warn Plaintiff of a concealed danger (an insufficiently secured HVAC shaft). The court agreed with the defense and found that Plaintiff had put forward no admissible evidence, as opposed to his own unqualified assumptions, of Developer’s prior knowledge.
Congratulations Scott!