Plaintiff filed a claim for Negligence against two homeowners and a construction company arising from injuries sustained when a worker fell off of a scaffold. The homeowners were building their Malibu dream house from scratch. The scaffold was located on what was to be the second floor, and Plaintiff fell to ground level. Plaintiff further alleged he qualified as an employee of Defendants under Labor Code §§ 6400-6404.
Mr. Orozco brought a Motion for Summary Judgment against Plaintiff’s claims that he qualified as an employee, and argued that the homeowners owed no duty to Plaintiff as they lacked the requisite control over his work, nor did they affirmatively contribute to his injuries. The Court agreed that the homeowners were entitled to judgment as a matter of law, as Plaintiff failed to raise an issue of triable fact as to any element of Plaintiff’s claim for negligence.