Sacramento County Superior Court – June 8, 2026

Nicholas Des Rosier and Kayla Rosier v. Rocklin Motorsports Inc.

dba Harley-Davidson of Folsom; Guidera Family Properties Inc., et al. Case No. 24CV009767 Honorable Julie G. Yap

Sims, Lawrence & Broghammer is pleased to announce a complete defense victory obtained on behalf of its clients, Rocklin Motorsports Inc. dba Harley-Davidson of Folsom and Guidera Family Properties Inc.

On May 26, 2022, plaintiff Nicholas Des Rosier, an employee of independent contractor All Pro Heating and Air Conditioning, allegedly fell from a fixed ladder while replacing rooftop HVAC units at the defendants’ motorcycle dealership. Plaintiffs sued for negligence, premises liability, and loss of consortium, claiming the ladder lacked required safety features (including cages and landing platforms) and that dangerous conditions on the property caused the injuries.

Defendants moved for summary judgment, arguing that the Privette doctrine barred the claims because the plaintiff was injured while performing work for his employer, an independent contractor. The defense further established that no recognized exception to Privette applied: the ladder’s condition was open and obvious, defendants did not conceal any hazard, did not retain or exercise control over the plaintiff’s work, and did not require the plaintiff to use the ladder. The derivative loss-of-consortium claim therefore also failed.

The Court agreed in full.

On June 8, 2026, Judge Yap granted summary adjudication on all three causes of action and entered summary judgment in favor of the defendants.

Notably, plaintiffs had previously served two separate Code of Civil Procedure section 998 demands in the amount of $500,000 each. Despite these substantial settlement demands, the defense obtained a complete defense judgment with no recovery to plaintiffs.

Defense Counsel

Daniel P. Costa and Noah Hallam