CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, FEBRUARY 6, 2025

Motion for Summary Judgment Gets Pooped Upon

Swan

Dale Beebe sued for personal injuries he allegedly sustained while working on two Wonderful construction projects “plagued,” according to the Court, “by flocks of migrating swallows that roosted, over several years, under the roof of an open, barn-like structure.”

December 16, 2023
Garret Murai - California Construction Law Blog

I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about poop and motions.

In Beebe v. Wonderful Pistachio & Almonds LLC, a summary judgment motion filed by a project owner sued by a construction worker for personal injuries caused by bird poop, which in turn caused a nasty fungal infection which spread to his brain, resulted in a not-so-wonderful ending for Wonderful.

Mr. Murai may be contacted at gmurai@nomosllp.com


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