The Fourth Appellate District affirmed a summary judgment. The court held that contractors were entitled to summary judgment after a plaintiff who worked next door could not establish that a fungal spore from the construction project dirt pile had infected him with an infectious fungal disease.
Rudy Miranda worked as a locksmith at the California State University Campus, Fullerton. His office was located next to a vacant lot, known as Dumbo Downs, used in 2005 for stockpiling excess dirt from a large university construction project. Bomel Construction Co., Inc. was the general contractor on the project. Bomel hired subcontractor J/K Excavation & Grading Co., Inc to excavate approximately 1,600 cubic yards of dirt from the project site and transport it to Dumbo Downs.
