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Bowley Successul in Motion for Summary Judgment – Sanchez v. Perez – San Joaquin County

On Behalf of | Apr 1, 2010 | Results

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This wrongful death case filed by plaintiff sought compensation for the death of her husband, Juan Sanchez after falling off a roof on April 22, 2006. The decedent fell off the roof of the Perez home in Manteca while attempting to complete roof repairs. While supplies for the job were purchased by Perez, decedent had several years of construction experience, including roofing, had control of how the work was being performed and Perez had no direct knowledge as to how the repairs that were to be completed. At the time, Perez did not employ Sanchez to complete the repairs. Prior to the fall, decedent’s wife warned her husband to be careful near the edge of the roof. Juan Sanchez was later discovered lying injured on the driveway and later succumbed to injuries at San Joaquin General Hospital.

Defendant, Perez, represented by Gordon Bowley, was successful in having the case dismissed following a motion for summary judgment. Defendant asserted that he was not negligent because he did not owe a duty to decedent. Given decedent was not an employee of defendant, no duty was found. Further the court ruled that there were no facts presented to support that defendant had any involvement in the fall; thus he did not cause the accident. Finally, the Court ruled that the decedent assumed the risk involved with working on a roof and thus defendant was not liable.