Batton v. Alten Construction, Inc.
Plaintiff Ron Batton, an employee of a construction subcontractor, alleges he sustained injuries while descending an unfinished stairway on a construction jobsite. Batton sued the general contractor, defendant Alten Construction, Inc. (Alten), for damages, asserting claims for negligence, negligence per se, and breach of contract (on a third party beneficiary theory). The trial court entered summary judgment for Alten, holding that Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette) and its progeny barred Batton’s negligence claims, and that Batton lacked standing to pursue his contract claim. Batton appeals. We conclude triable issues of material fact exist as to Batton’s negligence claims, but not as to his contract claim. We affirm in part and reverse in part.
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