Gonzales v. R. J. Novick Construction Co.

Cross-defendant Vienna Stonecraft, Inc., appeals from an adverse judgment on a cross-complaint for indemnity. We affirm.

Plaintiff Ben C. Gonzales brought the instant action against R. J. Novick Construction Company, Inc. (Novick), a general contractor, and others seeking damages for personal injuries suffered by him when he fell from a scaffold while acting in the course and scope of his employment as a brick tender for Vienna Stonecraft, Inc. (Vienna), a subcontractor of Novick. Novick cross-complained against Vienna for indemnity. The trial was trifurcated, the issue of Novick’s liability to plaintiff to be tried before a juiy, the issue of Vienna’s liability to Novick on the cross-complaint for indemnity to be tried before the court sitting without a jury, and the issue of damages to be tried before a jury. At the conclusion of the proceedings before the jury on the issue of Novick’s liability to plaintiff a verdict was returned in favor of plaintiff. The court with the consent of the parties then submitted three special interrogatories to the jury to assist in its determination of the issue of liability on the cross-complaint for indemnity. The jury, responding to…