Brooks v. One Miracle Property CA2/6

Filed 11/16/23 Brooks v. One Miracle Property CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

BRENT BROOKS, 2d Civ. No. B324231 (Super. Ct. No. 56-2019- Plaintiff and Appellant, 00527617-CU-PO-VTA) (Ventura County) v.

ONE MIRACLE PROPERTY, LLC,

Defendant and Respondent.

An independent contractor was hired to clean solar panels on the roof of a commercial building. A worker employed by the independent contractor was injured when he tripped and fell through a skylight. The worker sued the building owner alleging, among other causes of action, the failure to warn of a concealed hazard. The trial court granted summary judgment to the building owner on the ground that a landowner is not liable for injuries to an employee of an independent contractor. The court concluded that no exception to the rule applied. We affirm.

FACTS One Miracle Property, LLC (One Miracle) owns multiple properties, including a commercial building in Oxnard (Oxnard building). One Miracle purchased the land in 1997 and built the Oxnard building in 2004. The Oxnard building’s roof has skylights, solar panels, and electrical conduits for the solar panels. For more than a decade, West Hills Construction, Inc. (West Hills), a licensed general contractor, has performed construction work for One Miracle, including work on the Oxnard building. One of West Hills’ ongoing tasks is to maintain and oversee the solar panels and skylights on the roof of the Oxnard building. West Hills inspects the roof several times a year. Should any repairs or maintenance be required, West Hills performs the work or hires a subcontractor. Prior to July 18, 2018, West Hills marked certain skylights on the Oxnard building for replacement, not because the skylights were defective, but because a different model was preferred. At all times West Hills was an independent contractor for One Miracle. On or about July 19, 2018, West Hills subcontracted with KCM Landscaping Services, Inc. (KCM), an independent contractor, to clean the solar panels on the Oxnard building’s roof. West Hills did not supervise KCM’s work and no one from One Miracle was present while KCM was working. On July 19, 2018, Brent Brooks was employed by KCM, assisting in cleaning the solar panels on the Oxnard building’s roof. He tripped on a conduit, fell through a skylight, and landed on cardboard boxes below. Although Brooks landed on cardboard boxes, he suffered significant injuries.