Smith v. Skanska USA CA1/3

Filed 9/8/23 Smith v. Skanska USA CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

STEVE SMITH, Plaintiff and Appellant, A166374 v. SKANSKA USA, (City & County of San Francisco Super. Ct. No. CGC-20-587082) Defendant and Respondent.

Plaintiff Steve Smith was injured while working for a subcontractor at a worksite and brought this personal injury action against the general contractor, Skanska USA (Skanska). The trial court granted Skanska’s motion for summary judgment on the ground the action is barred by the rule of Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette). Smith appeals, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND Complaint and Motion for Summary Judgment The undisputed facts show Skanska was the general contractor for construction of a housing project in San Francisco, owned by the Regents of the University of California (the project). Skanska contracted with Cupertino Electric, Inc. (Cupertino Electric) to perform a portion of the electrical work

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for the project. Smith worked for Cupertino Electric as an inside journey wireman. Smith, who had worked on the project for less than one day, attended a safety meeting with other subcontractors, conducted by Skanska, on the morning of October 2, 2018. Immediately after the meeting, his foreman, James Solwick of Cupertino Electric, told Smith to follow him. Solwick, who was familiar with the job site, led Smith to a path where rebar was being installed, toward the area where Smith would be working. As Smith walked, he caught his pant leg on rebar that was on the path, and he fell and injured his shoulder. He has received workers’ compensation for his injuries through Cupertino Electric. Smith brought this action against Skanska and Webcor Builders, Inc. (which is not a party to this appeal), alleging Skanska was negligent in its maintenance of the worksite and failed to warn workers properly of the dangerous condition. Skanska moved for summary judgment, contending that on these facts, the action was barred by the rule of Privette, which limits liability for injuries to employees of contractors and subcontractors. Smith’s Evidence in Opposition to Summary Judgment In opposition to the motion, Smith submitted his own declaration, stating that he attended a safety meeting the morning of the incident, led by Skanska’s “safety man,” who did not warn those attending not to use any path at the building site. Afterward, Smith met his supervisor, James Solwick, at an area where all the subcontractors had their storage containers, and followed him down a path that was not marked or designated, and that was used by all the trades, including Cupertino Electric. As they walked, Smith’s pant leg caught on something and he fell forward and injured his