Short

Appellant, plaintiff below, was a roofer employed by Zerbe Roofing Company. On September 28, 1970, while working on the roof of an unfinished building, appellant and another employee moved a sheet of plywood which was lying on the unfinished roof. Unknown to them, it covered an otherwise unguarded hole in the roof. After picking up one end of the board, appellant walked toward the hole and fell through it, sustaining personal injuries. These were the basis of this action wherein appellant recovered a judgment, based upon, a verdict of the jury, against the general contractor on the job, as well as against the owner and the architect. This judgment has not been appealed, and the defendants below are not parties to this appeal.

Respondent was the workmen’s compensation carrier for appellant’s employer, Zerbe Roofing Company, at the time of the accident. As such, it intervened in the third party action to defend against the Witt v. Jackson (1961) 57 Cal.2d 57 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ] claim. It was successful in obtaining a special finding that appellant’s employer, its principal, was free of concurrent negligence. Appellant appeals from the judgment as to this…