Widman
Widman v. Rossmoor Sanitation, Inc.
Opinion
Opinion
Kerrigan, J.
This lawsuit was initiated by plaintiff, George E. Widman, for the purpose of recovering damages for personal injuries sustained on October 29, 1965, at Leisure World in Laguna Hills, Orange County, California. He was joined in the action by the plaintiff, Marguerite Cagigas, the surviving wife of Henry J. Cagigas, deceased, who was killed in the same accident. The widow initiated the wrongful death action individually and as guardian ad litem of the four minor children of said decedent. Widman’s injuries and Cagigas’ death occurred when the unsupported wall of a deep trench caved in on them while the two men were shoveling dirt in the bottom of the excavation, acting as employees of an independent contractor.
At the institution of the lawsuit, the following were named as principal defendants: Rossmoor Corporation, which was in the process of developing a large tract of land known as The Leisure World Retirement Center in Laguna Hills; Rossmoor Sanitation, Inc., a subsidiary of Rossmoor Corporation, which was installing the sanitation facilities for the project, and was also the record owner of the land where the cave-in occurred; Toups Engineering, Inc., a firm retained…