The Court denies the motion for summary judgment. The Court sustains Defendants’ objection numbers 1, 2, 5, 6, 7 and overrules 3, 4 and 8. The Court grants Defendants’ request for judicial notice under Evidence Code §452(d). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Fernando Vargas and Adela Vargas are a married couple. Fernando worked as a construction worker for SEMA Construction. On December 2, 2016, Fernando was working on Spruce Street near the junction of the 60 and 91 freeways in Riverside. Fernando was moving K- rails1 from one construction yard to another. SEMA contacted Gaspar Transportation, a truck broker, to provide trucks to transports the K-rails. Gaspar chose Montano Trucking. SEMA also rented a crane and crane operator for Hydraulic Cranes, LLC to load the K-rails onto the flatbed trucks. Hydraulic Cranes’ employee, Abel Arriola, operated the crane on the day of the incident. While loading a K-rail onto the flatbed truck, Fernando’s left foot and leg fell through the woo
Hearing Date
October 02, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
The Court denies the motion for summary judgment. The Court sustains Defendants’ objection numbers 1, 2, 5, 6, 7 and overrules 3, 4 and 8. The Court grants Defendants’ request for judicial notice under Evidence Code §452(d). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Fernando Vargas and Adela Vargas are a married couple. Fernando worked as a construction worker for SEMA Construction. On December 2, 2016, Fernando was working on Spruce Street near the junction of the 60 and 91 freeways in Riverside. Fernando was moving K- rails1 from one construction yard to another. SEMA contacted Gaspar Transportation, a truck broker, to provide trucks to transports the K-rails. Gaspar chose Montano Trucking. SEMA also rented a crane and crane operator for Hydraulic Cranes, LLC to load the K-rails onto the flatbed trucks. Hydraulic Cranes’ employee, Abel Arriola, operated the crane on the day of the incident. While loading a K-rail onto the flatbed truck, Fernando’s left foot and leg fell through the woo