Herman Christensen & Sons, Inc. v. Paris Plastering Co.

Cross-defendant, a subcontractor, has appealed from a judgment awarding cross-complainant, a general contractor, indemnity after the latter had suffered a verdict and judgment in an action brought by the subcontractor’s employee for injuries suffered in a fall from a scaffold furnished by the general contractor. The subcontractor contends that the indemnity clause in the contract between it and the general contractor' fails to comply with the provisions of section 3864 of che Labor Code, and on its face does not relieve the general contractor from liability for its own negligence. It also asserts that the court erred in finding that the general contractor was only passively negligent, and that the subcontractor was actively negligent. Those contentions are examined and found wanting. The judgment must be affirmed.

A cross-appeal, in which the general contractor sought review of an order of the court that denied its tardy motion to amend its complaint to show that the subcontractor breached its agreement to furnish the general contractor with liability insurance, is dismissed as moot.

The injured employee, Oxner, was employed as a hod carrier for the subcontractor for…