MacKey

Defendants appeal from a judgment entered upon a jury verdict in favor of plaintiff awarding him damages for personal injuries.

It is defendants’ basic contention on appeal that as owners (Western Electric) and general contractors (Campbell Construction) they owed no duty of care, as a matter of law, to plaintiff, an employee of a subcontractor. Principally at issue is the application of the “peculiar risk of harm” doctrine which provides an exception to the general rule that owners and general contractors are not liable for injuries to employees of independent contractors.

Defendants also contend there are instructional errors and that it was error to admit testimony of one witness on the custom and practice of scaffold assembly in California and to limit cross-examination of the witness.

We find no reversible errors and affirm the judgment.

Facts

On appeal, we must look at the facts in the light most favorable to the prevailing party. (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920 , 925-926 1101 CaLRptr. 568, 496 P.2d 480 ].)

Defendant Western Electric Company (Western) had an engineering division, part of which was devoted to plant design and construction.…