VOGT v. HERRON CONSTRUCTION, INC
Court of Appeals of California, Fourth District, Division Two
200 Cal.App.4th 643 (2011)
132 Cal. Rptr. 3d 683
The heading above describes the title and citation of this case. The name of the case is Vogt v. Herron Construction, Inc. Vogt is the plaintiff and appellant while Herron Construction is the defendant and respondent. This case was decided in the court of appeals of California, Fourth District, Division Two on November 1, 2011. The citation states that this case can be found in 200 Cal. App. 4th 643.
FACTS
Augustus Vogt worked for Performance Concrete which was the concrete subcontractor for a construction project in Riverside,Ca. The framing contractor for the same construction project was Herron Construction, Inc, for which Jesus Cruz worked. At the worksite, employees typically park near their assigned job for the day. There was no designated parking area for subcontractor employees. On October 31, 2007, Cruz parked his personal vehicle on the work site. No one told him where to park.
When Vogt noticed Cruz’s truck in the way of the cement truck, he asked Cruz to move it. He explained to Cruz that Performance was about to start pouring cement nearby.
Vogt later explained that workers being asked to move their cars and other vehicles on the job site “ happens all the time”... “We’re not going to pour if a car’s there because we don’t want the liability of splashing the paint.”
When Cruz was moving his truck, he ran over Vogt, causing him injuries.
PROCEDURAL HISTORY
In 2008, Vogt and his wife, Keri Vogt, became plaintiffs in a file action against Herron asserting causes of actions for negligence and for injuries resulting from the operations of a motor vehicle.