Aug 29, 2019 – Orange County Superior Court, Orange County, CA
On Thursday, August 29, 2019, Yukevich Cavanaugh achieved a significant victory for general contractor R.D. Olson Construction, Inc. (“RDO”). Judge Layne H. Melzer granted RDO’s motion for summary judgment, dismissing all claims brought by plaintiffs Raul Camacho and Lucia Maturrano.
Mr. Camacho fell from a raised scissor lift and sustained catastrophic head injuries while performing work at a hotel development. Plaintiffs claimed damages in excess of $50 million, alleging RDO was liable for negligent supervision and management of safety practices on the project.
RDO moved for summary judgment pursuant to the Privette Doctrine, which generally prohibits the employee of a contractor from suing the hirer of that contractor for work-related injuries. Plaintiffs argued that Privette was not applicable, but the Court agreed with RDO that it could not be held liable where the construction company did not “affirmatively contribute” to plaintiff’s injuries.