Factual and procedural background
Marcelo Devalasco, Sr. was employed by J.R. Construction as a construction worker. J.R. Construction was hired by Swinerton Builders, a general contractor who was working on a residential development in San Diego. Swinerton also hired Brewer Crane & Rigging to perform work on the project. J.R. Construction rented a concrete form that was 10 feet tall and between 300 and 400 pounds from Atlas Construction Supply. Brewer placed the form upright at the worksite without any supporting braces. Devalasco and a second worker climbed the concrete form to change its size. The other worker stepped off of the form, and Devalasco’s weight caused it to be unbalanced. It fell over, crushing Devalasco and killing him.