Arizona Attorneys Secure Summary Judgment for General Contractor in High-Exposure Construction Injury Case

Phoenix Partner Tico A. Glavas and Attorneys Melissa L. Gould and Joshua A. Richards obtained summary judgment on behalf of our general contractor client in a construction liability case filed in the Maricopa County Superior Court.

The case arose after Plaintiff, an employee of a roofing and steel erection subcontractor, fell more than 20 feet through the roof during a hangar construction project and landed on the rails of a scissor lift. Plaintiff claimed significant back injuries requiring multiple surgeries, as well as substantial medical expenses, lost wages and loss of earning capacity. Plaintiff sought to hold our general contractor client liable for his injuries under common work area doctrine and retained control theory.

Our defense attorneys conducted detailed discovery involving Plaintiff’s subcontractor employer and filed a motion for summary judgment, arguing that the condition causing Plaintiff’s fall arose from the subcontractor’s retained control over the roof panel construction work and fall-protection practices, over which our client did not exercise the requisite control.

In response to our motion, Plaintiff relied on their own liability expert’s testimony to establish a factual dispute regarding the general contractor’s control over the work and the conditions that contributed to the fall. Through extensive discovery and oral argument, our attorneys challenged Plaintiff’s evidence and the expert’s conclusions as insufficient to create a genuine issue of material fact.

In September 2026, the Maricopa County Superior Court found that Plaintiff did not present evidence sufficient for a reasonable jury to find our client liable, and further determined that Plaintiff’s expert’s unsupported conclusions were insufficient to establish a genuine issue of material fact, granting our motion in full and finding in favor of our client.

Following the Court’s ruling, our client agreed to dismiss the lawsuit with prejudice, with each party bearing its own costs and fees in exchange for Plaintiff’s waiver of the right to appeal.

Tico Glavas practices in the areas of construction defect, personal injury, products liability and insurance coverage. He represents a wide range of businesses, including contractors, skilled workers and manufacturers in actions involving personal injuries or property damage.

Melissa Gould focuses her defense practice on general liability, insurance coverage and trucking liability. She represents a wide range of clients including contractors, and motor vehicle and trucking carriers.

Joshua Richards represents businesses and defends individuals in cases that involve construction defect, personal injury, products liability, premises liability and other types of commercial litigation. He represents a diverse array of clients while providing thoughtful, results-driven advocacy tailored to each client’s specific needs.