Justice Arlene Bluth


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Merendino Corp. moved for summary judgment dismissing plaintiff’s claims against it in this action arising from injuries he suffered while working on renovations at a Costco and fell from a scaffold. Plaintiff insisted he was not provided a harness or safety equipment, falling while erecting a scaffold. Merendino argued dismissal of the claims against it should be dismissed as the court previously found plaintiff was the sole proximate cause of his injuries. Plaintiff insisted the court’s prior decision dismissing other defendants did not compel it to dismiss the claims against Merendino. Yet, the court stated it need not decide the “law of the case” argument as plaintiff was the sole proximate cause of his accident, noting plaintiff stated he was the boss at the job site, did not report to a foreman, and controlled the manner and methods of his own work. It found plaintiff fell while installing planks on a scaffold, and testified that while a harness was available, he did not wear it as he thought it unnecessary, but then fell 12 feet off the scaffold. The court also noted plaintiff claimed the scaffold was not defective, ruling deposition testimony established he fell off a scaffold he was constructing under his own supervision and chose not to wear a harness. Thus, dismissal was granted.