On June 11, 2020 a
Party Statement
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
Peter Dubrawski (Bar N0. 65677)
pdubrawski@hbblaw.com
-
ELECTRONICALLY FILED
Patrlclg F. McIntyre (Bar No. 272042) SUPERIOR COURT OF CALIFORNIA
Pmplnlyr?@hbblaW-00m COUNTY 0F SAN BERNARDINO
Austm Sm1th (Bar No. 327354) SAN BERNARDINO DISTRICT
asmith@hbblaw.com
Andres E. De La Cruz (Bar No. 350022) 12/5/2023 2345 PM
adelacruz@hbblaw'com Jasmine Segura, DEPUTY
By:
HAIGHT BROWN & BONESTEEL LLP
\DOONQUl-PUJNv—t
555 South Flower Street, Forty-Fifth Floor
Los Angeles, California 90071
Telephone: 213.542.8000
Facsimile: 213.542.8100
Attorneys for Defendants GENIE
INDUSTRIES, INC. and TEREX
CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
RAFAEL CARVAJAL MARQUEZ; Case N0. CIVDSZOIO3 10
ADRIANA QUINTERO MADRIGAL;
SEPARATE STATEMENT OF
Plaintiffs, UNDISPUTED MATERIAL FACTS IN
Iaight SUPPORT OF DEFENDANTS GENIE
V. INDUSTRIES, INC. AND TEREX
CORPORATION’S MOTION FOR
I NNNNNNNNNr—tr—tr—Kr—tr—tr—Kr—tr—tr—tr—t
GENIE INDUSTRIES, INC.; TEREX
CORPORATION; DUKE REALTY
LIMITED PARTNERSHIP; DUKE
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION
REALTY CORPORATION; GREGG
ELECTRIC, INC.; LE. GENERAL Filed concurrently with Notice ofMotion,
ENGINEERING INC; and DOES 1-100, Memorandum ofPointS and Authorities,
inclusive; Declaration ofAttomey Andres E. De La
Cruz, Exhibits, and Proposed Order
OOQQUl-PUJNt—‘OKOOOQQKJI#UJNHO
Defendants.
Date: February 20, 2024
DUKE REALTY LIMITED Time: 8:30 a.m.
PARTNERSHIP, Dept: 823
Cross-Complainant, Assigned for A11 Purposes to:
Hon. Donald Alvarez, Dept. $23
V.
Action Filed: June 11, 2020
JSR CONSTRUCTION SERVICES, INC.; Trial Date: March 25, 2024
GENIE INDUSTRIES, INC.; TEREX
CORPORATION; GREGG ELECTRIC,
INC.; I.E. GENERAL ENGINEERING,
INC. and ROES 1 t0 20, inclusive,
Cross—Defendants.
1
SEPARATE STATEMENT 0F UNDISPUTED MATERIAL FACTS IN SUPPORT 0F
TCl6-0000060 DEFENDANTS GENIE INDUSTRIES, INC. AND TEREX CORPORATIONS
147258381 MOTION FOR SUMMARY JUDGMENT
H Defendants GENIE INDUSTRIES, INC. and TEREX CORPORATION
(collectively “Defendants”) hereby submit their Separate Statement 0f Undisputed
Material Facts in support 0f their Motion for Summary Judgment, 0r in the alternative,
Motion for Summary Adjudication, pursuant t0 Code of Civil Procedure § 437c(b)(1) and
California Rule of Court 3.1350(b).
\DOONQUI-PUJN
Moving Partv’s Undisputed Material Facts and Opposing Partv’s Response
Supporting Evidence: and Supporting Evidence:
1. Plaintiff s Complaint arises out 0f Plaintiff Rafael 1.
Carvajal Marquez’s (“Marquez”) fall from the
platform of a raised Genie GS-3384 scissor lift
(“lift”) that occurred on July 17, 2018, While
Marquez was working and installing drywall for
Defendant JSR Construction Services, Inc. (“JSR”).
Supporting Evidence:
Complaint 726-13; Deposition Transcript
Plaintiffs’
0f Marquez (“Marquez Depo” herein”).
Iaight
2. The lift was manufactured, designed, and
I NNNNNNNNNr—tr—tr—Kr—tr—tr—Kr—tr—tr—tr—t
distributed
(“Genie”) and
by Defendants Genie Industries, Inc.,
its parent, Terex Corporation
(“Terex”).
Supporting Evidence:
OOQQUl-PUJNt—‘OKOOOQQKJI#UJNHO
Plaintiffs’ Complaint 4:9-1 1.
3. Marquez testified at deposition that he was
working on the lift While the rear guard was not
rail
upright, and he fell off the platform 0f the subj ect lift
While cutting a sheet 0f drywall and walking
backwards. He stated “I was just cutting, you know,
walking backwards and I didn’t imagine that the
guardrail t0 stop me would not be there, and I just
kind of stepped into nothing.”
Supporting Evidence:
Marquez Depo 4323-45: 10; 48:6-49:1; 6326-642.
fi
A
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF
TC 1 6-0000060 DEFENDANTS GENIE INDUSTRIES, INC. AND TEREX CORPORATION’S
147258381 MOTION FOR SUMMARY JUDGMENT
Preview
Peter Dubrawski (Bar N0. 65677) pdubrawski@hbblaw.com - ELECTRONICALLY FILED Patrlclg F. McIntyre (Bar No. 272042) SUPERIOR COURT OF CALIFORNIA Pmplnlyr?@hbblaW-00m COUNTY 0F SAN BERNARDINO Austm Sm1th (Bar No. 327354) SAN BERNARDINO DISTRICT asmith@hbblaw.com Andres E. De La Cruz (Bar No. 350022) 12/5/2023 2345 PM adelacruz@hbblaw'com Jasmine Segura, DEPUTY By: HAIGHT BROWN & BONESTEEL LLP \DOONQUl-PUJNv—t 555 South Flower Street, Forty-Fifth Floor Los Angeles, California 90071 Telephone: 213.542.8000 Facsimile: 213.542.8100 Attorneys for Defendants GENIE INDUSTRIES, INC. and TEREX CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT RAFAEL CARVAJAL MARQUEZ; Case N0. CIVDSZOIO3 10 ADRIANA QUINTERO MADRIGAL; SEPARATE STATEMENT OF Plaintiffs, UNDISPUTED MATERIAL FACTS IN Iaight SUPPORT OF DEFENDANTS GENIE V. INDUSTRIES, INC. AND TEREX CORPORATION’S MOTION FOR I NNNNNNNNNr—tr—tr—Kr—tr—tr—Kr—tr—tr—tr—t GENIE INDUSTRIES, INC.; TEREX CORPORATION; DUKE REALTY LIMITED PARTNERSHIP; DUKE SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION REALTY CORPORATION; GREGG ELECTRIC, INC.; LE. GENERAL Filed concurrently with Notice ofMotion, ENGINEERING INC; and DOES 1-100, Memorandum ofPointS and Authorities, inclusive; Declaration ofAttomey Andres E. De La Cruz, Exhibits, and Proposed Order OOQQUl-PUJNt—‘OKOOOQQKJI#UJNHO Defendants. Date: February 20, 2024 DUKE REALTY LIMITED Time: 8:30 a.m. PARTNERSHIP, Dept: 823 Cross-Complainant, Assigned for A11 Purposes to: Hon. Donald Alvarez, Dept. $23 V. Action Filed: June 11, 2020 JSR CONSTRUCTION SERVICES, INC.; Trial Date: March 25, 2024 GENIE INDUSTRIES, INC.; TEREX CORPORATION; GREGG ELECTRIC, INC.; I.E. GENERAL ENGINEERING, INC. and ROES 1 t0 20, inclusive, Cross—Defendants. 1 SEPARATE STATEMENT 0F UNDISPUTED MATERIAL FACTS IN SUPPORT 0F TCl6-0000060 DEFENDANTS GENIE INDUSTRIES, INC. AND TEREX CORPORATIONS 147258381 MOTION FOR SUMMARY JUDGMENT H Defendants GENIE INDUSTRIES, INC. and TEREX CORPORATION (collectively “Defendants”) hereby submit their Separate Statement 0f Undisputed Material Facts in support 0f their Motion for Summary Judgment, 0r in the alternative, Motion for Summary Adjudication, pursuant t0 Code of Civil Procedure § 437c(b)(1) and California Rule of Court 3.1350(b). \DOONQUI-PUJN Moving Partv’s Undisputed Material Facts and Opposing Partv’s Response Supporting Evidence: and Supporting Evidence: 1. Plaintiff s Complaint arises out 0f Plaintiff Rafael 1. Carvajal Marquez’s (“Marquez”) fall from the platform of a raised Genie GS-3384 scissor lift (“lift”) that occurred on July 17, 2018, While Marquez was working and installing drywall for Defendant JSR Construction Services, Inc. (“JSR”). Supporting Evidence: Complaint 726-13; Deposition Transcript Plaintiffs’ 0f Marquez (“Marquez Depo” herein”). Iaight 2. The lift was manufactured, designed, and I NNNNNNNNNr—tr—tr—Kr—tr—tr—Kr—tr—tr—tr—t distributed (“Genie”) and by Defendants Genie Industries, Inc., its parent, Terex Corporation (“Terex”). Supporting Evidence: OOQQUl-PUJNt—‘OKOOOQQKJI#UJNHO Plaintiffs’ Complaint 4:9-1 1. 3. Marquez testified at deposition that he was working on the lift While the rear guard was not rail upright, and he fell off the platform 0f the subj ect lift While cutting a sheet 0f drywall and walking backwards. He stated “I was just cutting, you know, walking backwards and I didn’t imagine that the guardrail t0 stop me would not be there, and I just kind of stepped into nothing.” Supporting Evidence: Marquez Depo 4323-45: 10; 48:6-49:1; 6326-642. fi A SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TC 1 6-0000060 DEFENDANTS GENIE INDUSTRIES, INC. AND TEREX CORPORATION’S 147258381 MOTION FOR SUMMARY JUDGMENT