LOS ANGELES – A state appeals panel has reversed a lower court’s opinion that ended the lawsuit of a construction worker injured when he fell through a skylight.
Ismael Torres Jr. sued Design Group Facility Solutions after he fell 33 feet while working for an electrical sub-subcontractor on the roof of a seafood processing facility. Los Angeles County Superior Court Judge Maurice Leiter ultimately granted summary judgment in favor of DGFS, prompting Torres’ appeal to the California Second Appellate District, Division Three.
Associate Justice Halim Dhanidina wrote the panel’s opinion, filed Feb. 13. Presiding Justice Lee Smalley Edmon and Justice Luis Lavin concurred.
According to Dhanidina, DGFS argued summary judgment was appropriate because Torres was an independent contractor. Although Leiter originally denied that request, pointing to the unresolved question of whether the company had control over the worksite or if it committed negligence that contributed to Torres’ injuries, he later agreed to reconsider the motion in light of deposition testimony taken between the initial motion and the summary judgment hearing.
Torres said Leiter was wrong to reconsider based on new testimony because DGFS had that information before the hearing. Dhanidina said the panel offered “no opinion on the merits” of that argument. The justices did, however, agree Leiter abused judicial discretion by granting a motion for reconsideration “when it was essentially a renewed summary judgment motion” falling under other court rules.
A party can “move for reconsideration of a prior order based on new or different facts or a change in law,” Dhanidina wrote. “If the motion to reconsider is based on new facts, the moving party must provide a satisfactory explanation for its failure to produce the evidence at an earlier time.”
Although the panel presumed Leiter was satisfied with DGFS’ explanation for why it didn’t produce the evidence earlier, Dhanidina wrote that affirming the summary judgment “would endorse a procedural bypass to the due process protections afforded a party opposing summary judgment.”
The panel reversed the judgment and awarded Torres his costs for filing the appeal.
Torres is represented by the Law Offices of Berglund & Johnson and Daniel W. Johnson.
Representing DGFS are Lynberg & Watkins, Michael J. Larin, Jerome P. Doctors; London Fischer, Richard S. Endres, Nicholas W. Davila and Grant R. Mullen.