Motion for Summary Judgment to the Second Amended Complaint by Defendant Devcon Construction Inc.

Factual and Procedural Background

This is a negligence case. On March 2, 2015, plaintiff Michael Calantropio (“Plaintiff”) sustained serious right lower extremity injuries as well as other injuries after he fell several feet off a standing ladder and into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN-1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal (“West Coast ASM”). (See Defendant Devcon Construction Inc.’s [“Devcon”] Separate Statement of Undisputed Facts at No. 3.) West Coast ASM was an independent contractor of defendant Devcon which was the general contractor on the job on which Plaintiff was working. (Id. at No. 4.)

Plaintiff alleges Devcon and other defendants negligently constructed, maintained, inspected, managed, supervised and/or controlled the job si