Kadelbach

Defendants Amaral Tracking and Jim Nunn appeal from a judgment in favor of the plaintiff entered on a jury’s verdict in a personal injury action. Reversal is sought solely on errors of law alleged to have occurred at the trial.

The Facts

In 1967, Paradise Irrigation District located in Butte County ordered a quantity of mortar-lined steel pipe from Southern Pipe and Casing Company of Milpitas, California. The latter engaged defendant Amaral to deliver the pipe to Paradise. Amaral, in turn, hired Nunn as a sub-hauler to deliver some of the pipe. Nunn owned and operated a truck and trailer used to haul the pipe.

Amaral agreed to furnish all dunnage required to transport the pipe to its destination. The dunnage used to secure the pipe consisted of (1) planks called stringers which were placed crosswise between the tiers of pipe; (2) tar paper used as a buffer between the pipes; and (3) chocks which kept the pipes in place. Chocks are wedge-shaped blocks of wood which are placed against the side of the pipe to keep it from sliding or rolling sideways and anchored to the stringers. The chocks remain in place while the load is in transit as well as during unloading.

Nunn…