News: GNH Obtains Summary Judgment and Prevails on Appeal in a Published Decision

On May 21, 2012, the California Court of Appeal, in a published opinion, affirmed the granting of summary judgment in  favor of GNH’s client by the trial court.  The case involved an injury by a construction worker on a scaffold who sued GNH’s client, the general contractor.  GNH successfully moved for summary judgment under a line of cases that hold that a general contractor is not liable for work related injuries suffered by employees of subcontractors who received workers’ compensation benefits unless the general contractor exercised retained control over safety conditions at the worksite in a manner that affirmatively contributed to the injury (the Privette doctrine).  Plaintiff appealed arguing that the general contractor’s exercise of control over the sequencing and scheduling of trades and the right to suspend work due to rain satisfied the exercise of affirmative control requirement. The Court of Appeal in a published decision affirmed the granting of summary judgment holding that sequencing and scheduling of trades and the failure to suspend work due to rain was not the exercise of affirmative control.