Gomez v. Saratoga Homes

OPINION

ANN CRAWFORD McCLURE, Chief Justice

Gerardo Gomez sued Saratoga Homes after falling and suffering injuries while painting a home that was under construction. Saratoga owned the home and was acting as the general contractor in its construction. Saratoga moved for summary judgment on Gomez’s negligence and premise liability claims, arguing that it owed no duty to Gomez: (1) because he was not Saratoga’s employee but rather the employee of an independent contractor, and it did not retain or exercise actual control over the performance of Gomez’s work; and (2) because the premises condition…