Elder

Plaintiffs Keith W. Elder and Earl Jeffrey Rogers filed this action against defendants Pacific Telephone and Telegraph Company (Pacific Telephone) and Wally La Freniere Construction Company (La Freniere) and Central Coast for personal injuries suffered in a construction accident. A nonsuit was granted as to Central Coast and no appeal taken therefrom. This appeal was taken when the trial court granted a judgment of nonsuit as to defendants Pacific Telephone and La Freniere at the close of plaintiffs’ case on liability.

Facts

In an effort to expand its Paso Robles facility, Pacific Telephone entered into a contract with Wally La Freniere Construction Company in 1970 to construct an addition to the phone company’s two-story building. La Freniere in turn awarded a subcontract to Watkins Construction Company for the removal of an existing fire escape. Both plaintiffs were then hired by Watkins.

The fire escape was comprised of a five-foot by ten-foot concrete slab extending from the second floor of the building which served as a landing. Egress from the building was provided by a five-foot wide double door which opened onto the landing, and by metal ladders which ran to…