Bailey and Robert E. Aune for Plaintiff and Respondent. This is an appeal by defendant and appellant Hensel Phelps Construction Company from a judgment entered after a jury verdict was returned in favor of plaintiff and respondent Russell LaCount for damages sustained as a result of personal injuries he received on February 16, , at Ben C.
Gerwick Company construction yard in Petaluma, California. Appellant presents us with three contentions in this case. The principal question directed to us was to decide as a matter of law that the employer of an independent contractor is not liable for the physical harm to the employee of the independent contractor. What follows then is a rather detailed consideration of the facts and review of applicable law.
We conclude that the trial court properly allowed the jury to decide liability under proper instructions on the doctrine of peculiar risk giving rise to a nondelegable duty. Appellant's remaining points claim trial court reversible error in regard to interpretation of contracts and instructions of law to the jury.
However, we are unable to find any error in the trial court's application of the parol evidence rule, interpretation of the parties' contract and instructions to the jury in regard to particular safety [79 Cal.
Accordingly, we affirm the judgment. In furtherance of that project appellant entered into a subcontract dated May 27, , with Ben C. Under this subcontract Gerwick agreed to fabricate, deliver, and install 27 prestressed concrete girders, each weighing approximately tons. The ton girders were constructed at the Gerwick yard in Petaluma. The enormous weight of the girders required special handling procedures for the loading of the girders on barges for delivery in San Francisco.
