Gonzalez v. MathisAnnotate this Case
The Court of Appeal reversed the trial court's grant of defendant's motion for summary judgment. Plaintiff, a professional window washer, filed a premises liability action against defendant, after he lost his footing and fell off the roof of defendant's house. Plaintiff alleged that loose rocks, pebbles and sand on the roof of the property constituted a dangerous condition that had caused him to fall. The court held that defendant failed to establish that plaintiff's claims were precluded under the doctrine in Privette v. Superior Court, 5 Cal.4th 689, which prohibits an independent contractor or his employees from suing the hirer of the contractor for workplace injuries. In this case, there were triable issues of fact regarding the hazardous condition exception to the Privette Doctrine.