Huck v. Gamut Construction Co.
Filed 1/5/09 Huck v. Gamut Construction Co. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
STEVEN HUCK, Plaintiff and Appellant, v. GAMUT CONSTRUCTION COMPANY, INC., Defendant and Respondent. | E044686 (Super.Ct.No. SCV145598) OPINION |
APPEAL from the Superior Court of San Bernardino County. Kurt J. Lewin, Judge. (Retired judge of the L.A. Super. Ct. assigned by the Chief Justice pursuant to art. VI, 6 of the Cal. Const.) Dismissed.
Holstein, Taylor, Unitt & Law and Brian C. Unitt for Plaintiff and Appellant.
Fernandez & Lauby, Michael C. Hackworth and C. Tracy Kayser for Defendant and Respondent.
Plaintiff, a workman, allegedly sustained injuries resulting from stepping on plywood lying on the concrete floor at a construction site owned by the San Bernardino Community College District. The plywood, which had been placed on the floor to protect it, had warped, and defendant was hired to replace the plywood throughout the building. The condition of the wood was a hazard known to defendant who had at a time previous to the accident notified other workers that the condition of the plywood created a potential hazard of injury to workers who traversed it in the course of their work.
Defendant brought a summary judgment motion which the trial court granted. Plaintiff appealed.
We issued and mailed to the parties a tentative opinion that tentatively affirmed the lower court and scheduled oral argument for January 7, 2009. On December 29, 2008, the parties filed with this court a request for dismissal of the appeal stating that the parties have reached a settlement, that the remittitur may issue immediately and that the parties shall bear their own costs on appeal.
We will grant the motion as requested.
DISPOSTION
The appeal is dismissed. The parties will bear their own costs.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ McKinster
Acting P.J.
We concur:
/s/ Gaut
J.
/s/ King
J.
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