Fonseca

Plaintiff sustained permanent injuries to his left arm when he fell from the Warner Avenue Bridge being constructed across the Santa Ana River in Santa Ana, At the time of the fall, plaintiff was employed as a cement finisher for the bridge builder, Lomar Construction Company. Lomar Construction had contracted with the defendant, County of Orange, to erect the bridge. The fall occurred on January 5, 1970, when plaintiff slipped on some wet, excess cement as he was doing finish work on the concrete deck of the bridge at a height of 20 feet or more above the dry riverbed. No scaffolding or railings had been installed- around the perimeter of the bridge for the protection of workmen as required by law. Plaintiff received workmen’s compensation benefits for the injuries sustained. In addition, he sued the County of Orange in its capacity as owner of the bridge and employer of the bridge contractor.

The case was tried by jury. During-its deliberations, the jury requested the rereading of instructions on the doctrine of contributory negligence and also the rereading of certain testimony relating to the issue of contributory negligence. The jury then returned with a unanimous…