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SCALA v. JERRY WITT & SONS, INC.

Docket No. L.A. 29748.

3 Cal.3d 359 (1970)

475 P.2d 864

90 Cal. Rptr. 592

JOHN SCALA, JR., Plaintiff and Appellant, v. JERRY WITT & SONS, INC., Defendant and Respondent.

Supreme Court of California. In Bank.

October 29, 1970.

Attorney(s) appearing for the Case

COUNSEL

Magana, Olney, Levy & Cathcart, John A. Marin, William B. Murrish and Richard Devirian for Plaintiff and Appellant.

Dryden, Harrington & Swartz, Ellis J. Horvitz, Vernon Foster, John T. Butchko and William D. Keller for Defendant and Respondent.

OPINION

MOSK, J.

This is an action for damages for personal injuries arising out of an accident on a construction site. The complaint alleged that plaintiff was employed to install lathing on the premises in question; that defendant Jerry Witt & Sons was a subcontractor performing labor on the same premises; and that defendant negligently allowed an obstruction to be placed in the area where plaintiff was required to work, causing...

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