Thoren

Thoren v. Johnston & Washer

Good Law
105 Cal. Rptr. 276·1972 Cal. App. LEXIS 688·29 Cal. App. 3d 270
Court of Appeal of CaliforniaDecember 8, 1972Civ. 39643California1,692 words

Opinion

Opinion

Thompson, J.

This is an appeal from a judgment of nonsuit entered after the trial court granted respondents’ motion to exclude the testimony of a witness offered by appellant. We affirm the judgment.

On October 23, 1967, appellant was employed as a carpenter by Peter Kiewit Construction Company. While working for his employer, he descended a subbasement at a hospital construction site. Appellant tripped over a wire and injured his right arm. Having pursued his remedies under the workmen’s compensation law against his employer, appellant brought suit against respondents, subcontractors on the job, alleging that the wire over which he had tripped was exposed in a dangerous condition because of their negligence. He filed his complaint on September 30, 1968.

On January 16, 1969, respondents served interrogatories upon appellant pursuant to Code of Civil Procedure section 2030. Interrogatory “B-2” asks: “State the names, addresses, or last known whereabouts, home telephone numbers, places of employment, and job titles or capacities of all witnesses known to you, your attorneys, employers, agents, investigators or insurance company, who arrived or claim to have arrived, or whom you…

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