Success Stories - Attorney Kevin R. Crisp
Motion for Summary Judgment Granted – Construction Site Accident
October 10, 2022
Timothy Selburn vs. Stanley Convergent Security Solutions and Northop Grumman (July, 2022, San Diego Superior Court)
Plaintiff tripped and suffered a claimed debilitating head and back injury while surveying his workplace in preparation for running wires and installing an alarm system. Defendants were the general contractor and landowner. At the time he tripped, plaintiff was walking backwards and looking up at the ceiling.
Defendants moved for summary judgment under the so-called Privette doctrine, claiming they did not exercise control of the workplace and that the hazard, in any event, was reasonably discoverable by plaintiff and/or his immediate employer. Plaintiff claimed there were numerous issues of fact entitling him to proceed to a jury.
The court’s tentative ruling was against the defendants due to the existence of a long list of potential issues of fact. After entertaining extensive oral argument, the court took the matter under submission. It eventually granted the motion and awarded defendants costs of $10,500. Plaintiff did not appeal.