On June 11, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Duke Realty Limited Partnership,
Insurance Company Of The West,
Madrigal, Adriana Quintero,
Marquez, Rafael Carvajal,
and
Does 2-100,
Duke Realty Corporation,
Duke Realty Limited Partnership,
Genie Industries, Inc.,
Gregg Electric, Inc.,
I.E. General Engineering Inc.,
King Equipment, Llc,
Terex Corporation,
General Engineering, Inc,
Gregg Electric, Inc., I.E.,
King Equipment, Inc.,
Roes 2 To 100,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
F LEI
SUPERIOR COURT 0F cDALIFORN-A
OFSAN BERNAR
NARDINO
GSA" BERNARD'NO
Kimberly s. Oberrecht [C s B No 190794] DISTRtCT
Dawn C. Nelms [C. S. B. No. 222845]
HORTON, OBERRECHT & KIRKPATRICK JUL 0 7 2021
WN 101 W. Broadway, Suite 600
San Diego, California 92 1 01
BY “"
(619) 232-1 183; Fax (619) 696-5719 Juan mNAssee, DEPuw
Attorneys for Defendant/Cross-Complainant, DUKE REALTY LIMITED PARTNERSHIP
\OOOQONUI-b
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
10 RAFAEL CARVAJAL MARQUEZ; ADIANA ) CASE NO. CIVD82010310
QUINTERO MADRIGAL, ) [Assigned to Hon. Donald R. Alvarez,
11 ) Dept. S-23]
Plaintiffs, )
12 )
DECLARATION 0F BRIAN
VS. KNOCHENHAUER IN SUPPORT
13 g 0F DEFENDANT DUKE REALTY
GENIE INDUSTRIES, INC.; TEREX ) LIMITED PARTNERSHIP’S
14 CORPORATION; DUKE REALTY LIMITED ) MOTION FOR SUMMARY
PARTNERSHIP; DUKE REALTY ) JUDGMENT, OR
15 CORPORATION; GREGG ELECTRIC, INC.; I.E. ) ALTERNATIVELY, SUMMARY
GENERAL ENGINEERING, INC.; and DOES 1- )
ADJUDICATION
16 100, Inclusive, )
) Hearing Date: 9/21/21
17 Defendants. ) Hearing Time: 9:00 am.
) Dept: 23
18 )
AND ALL RELATED CROSS-ACTIONS. ) Complaint Filed: 06/1 1/20
19 ) Trial Date: 5/9/22
)
20
21 I, Brian Knochenhauer, declare as follows:
22 1 . I am the Senior Vice President Construction for Defendant/Cross-Complainant Duke
23 Reality Limited Partnership (hereinafter “Duke Realty”), which is a property development company
24 located in Irvine, California. I have held this position since May 202 1. Prior to that, I was the Vice
25 President of Construction Operations for over two years.
26 2. Imake this declaration in support of Duke Realty’s Motion for Summary Judgment,
27 or alternatively, Summary Adjudication. Ihave personal knowledge of the matters set forth in this
28 ///
DECLARATION 0F BRIAN KNOCHENHAUER IN SUPPORT OF DEFENDANT DUKE REALTY LIMITED
PARTNERSHIPS MOTION FOR SUNINIARY JUDGMENT
1
G:\QIENTS\6724\P1eadings\MSJ Duke Realty\Dec Knochenhauermpd
declaration and, if called as a witness, I could and would testify competently to the facts stated
herein.
3. Duke Realty is the owner/developer, and was the general contractor, ofthe Sub-Zero,
Inc. proj ect located at 16171 Santa Ana Ave., Fontana, CA 92337 (“the Project”) where the incident
involving Plaintiff Rafael Marquez occurred.
\OOOQQUIhbJNh—I
4. As part of the development of the Santa Ana Ave. property, in June 2018, Duke
Realty entered into a subcontract agreement with JSR Constructions Services, Inc. to perform the
framing and drywall scope of work for the Project. A true and correct copy of the Agreement
Between Duke and Subcontractor is attached to the accompanying Notice of Lodgment as Exhibit
B.
5. To complete its scope of work, JSR was responsible for the “loading, unloading, &
hoisting of materials required to perform their scope of
work”; JSR fulfilled this responsibility by
Genie scissor lift (“the Genie lift”).
using scissor lifts to hoist drywall, including the subject
after the
6. Duke Realty received notice that Plaintiff had fallen from the Genie lift
no Duke Realty employee or representative was present when the incident
occurred.
incident;
7. Duke Reality did not own, lease, rent, control, or maintain the Genie lifi, or otherwise
provide any lifts for any of its contractors’ use on the Proj ect.
NNNNNNNNNHHt—Ht—AHHt—Hr—I
not the manufacturer of the Genie nor did it sell or otherwise
8. Duke Realty is lift,
Genie
OOQQU’IhUJNF—‘OOOOQONUl-BUJNb—‘O
distribute the lift.
9. No Duke Realty employee or representative gave instructions to any JSR employee,
including Plaintiff, regarding use of the Genie lift.
10. No Duke Realty employee or representative trained any JSR employee, including
Plaintiff, regarding use of the Genie lift.
1 1 . No Duke Realty employee or representative instructed or directed any JSR employee,
including Plaintiff, to alter or modify the Genie lift in any way.
No Duke Realty employee 0r representative used or inspected the Genie lift prior
to
12.
or during the performance of JSR’s scope of work on the
Project.
///
REALTY LIMITED
DECLARATION 0F BRIAN KNOCHENHAUER IN SUPPORT OF DEFENDANT DUKE
PARTNERSHE’S MOTION FOR SUNINIARY JUDGMENT
2
G:\QIENTS\6724\PIeadings\MSJ Duke Realty\Dec Knochenhauermpd
Preview
F LEI SUPERIOR COURT 0F cDALIFORN-A OFSAN BERNAR NARDINO GSA" BERNARD'NO Kimberly s. Oberrecht [C s B No 190794] DISTRtCT Dawn C. Nelms [C. S. B. No. 222845] HORTON, OBERRECHT & KIRKPATRICK JUL 0 7 2021 WN 101 W. Broadway, Suite 600 San Diego, California 92 1 01 BY “" (619) 232-1 183; Fax (619) 696-5719 Juan mNAssee, DEPuw Attorneys for Defendant/Cross-Complainant, DUKE REALTY LIMITED PARTNERSHIP \OOOQONUI-b SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO 10 RAFAEL CARVAJAL MARQUEZ; ADIANA ) CASE NO. CIVD82010310 QUINTERO MADRIGAL, ) [Assigned to Hon. Donald R. Alvarez, 11 ) Dept. S-23] Plaintiffs, ) 12 ) DECLARATION 0F BRIAN VS. KNOCHENHAUER IN SUPPORT 13 g 0F DEFENDANT DUKE REALTY GENIE INDUSTRIES, INC.; TEREX ) LIMITED PARTNERSHIP’S 14 CORPORATION; DUKE REALTY LIMITED ) MOTION FOR SUMMARY PARTNERSHIP; DUKE REALTY ) JUDGMENT, OR 15 CORPORATION; GREGG ELECTRIC, INC.; I.E. ) ALTERNATIVELY, SUMMARY GENERAL ENGINEERING, INC.; and DOES 1- ) ADJUDICATION 16 100, Inclusive, ) ) Hearing Date: 9/21/21 17 Defendants. ) Hearing Time: 9:00 am. ) Dept: 23 18 ) AND ALL RELATED CROSS-ACTIONS. ) Complaint Filed: 06/1 1/20 19 ) Trial Date: 5/9/22 ) 20 21 I, Brian Knochenhauer, declare as follows: 22 1 . I am the Senior Vice President Construction for Defendant/Cross-Complainant Duke 23 Reality Limited Partnership (hereinafter “Duke Realty”), which is a property development company 24 located in Irvine, California. I have held this position since May 202 1. Prior to that, I was the Vice 25 President of Construction Operations for over two years. 26 2. Imake this declaration in support of Duke Realty’s Motion for Summary Judgment, 27 or alternatively, Summary Adjudication. Ihave personal knowledge of the matters set forth in this 28 /// DECLARATION 0F BRIAN KNOCHENHAUER IN SUPPORT OF DEFENDANT DUKE REALTY LIMITED PARTNERSHIPS MOTION FOR SUNINIARY JUDGMENT 1 G:\QIENTS\6724\P1eadings\MSJ Duke Realty\Dec Knochenhauermpd declaration and, if called as a witness, I could and would testify competently to the facts stated herein. 3. Duke Realty is the owner/developer, and was the general contractor, ofthe Sub-Zero, Inc. proj ect located at 16171 Santa Ana Ave., Fontana, CA 92337 (“the Project”) where the incident involving Plaintiff Rafael Marquez occurred. \OOOQQUIhbJNh—I 4. As part of the development of the Santa Ana Ave. property, in June 2018, Duke Realty entered into a subcontract agreement with JSR Constructions Services, Inc. to perform the framing and drywall scope of work for the Project. A true and correct copy of the Agreement Between Duke and Subcontractor is attached to the accompanying Notice of Lodgment as Exhibit B. 5. To complete its scope of work, JSR was responsible for the “loading, unloading, & hoisting of materials required to perform their scope of work”; JSR fulfilled this responsibility by Genie scissor lift (“the Genie lift”). using scissor lifts to hoist drywall, including the subject after the 6. Duke Realty received notice that Plaintiff had fallen from the Genie lift no Duke Realty employee or representative was present when the incident occurred. incident; 7. Duke Reality did not own, lease, rent, control, or maintain the Genie lifi, or otherwise provide any lifts for any of its contractors’ use on the Proj ect. NNNNNNNNNHHt—Ht—AHHt—Hr—I not the manufacturer of the Genie nor did it sell or otherwise 8. Duke Realty is lift, Genie OOQQU’IhUJNF—‘OOOOQONUl-BUJNb—‘O distribute the lift. 9. No Duke Realty employee or representative gave instructions to any JSR employee, including Plaintiff, regarding use of the Genie lift. 10. No Duke Realty employee or representative trained any JSR employee, including Plaintiff, regarding use of the Genie lift. 1 1 . No Duke Realty employee or representative instructed or directed any JSR employee, including Plaintiff, to alter or modify the Genie lift in any way. No Duke Realty employee 0r representative used or inspected the Genie lift prior to 12. or during the performance of JSR’s scope of work on the Project. /// REALTY LIMITED DECLARATION 0F BRIAN KNOCHENHAUER IN SUPPORT OF DEFENDANT DUKE PARTNERSHE’S MOTION FOR SUNINIARY JUDGMENT 2 G:\QIENTS\6724\PIeadings\MSJ Duke Realty\Dec Knochenhauermpd