Hughes

Introduction

Plaintiff Melvin Hughes (plaintiff and/or Hughes), an employee of subcontractor Steelform Contracting Company (Steelform) sought damages for personal injuries sustained on the job from defendant general contractor, Atlantic Pacific Construction Company (defendant and/or Atlantic Pacific).

Trial was by jury. After plaintiff presented his evidence, the trial court granted defendant Atlantic Pacific’s motion for a judgment of nonsuit or a directed verdict on the issue of “peculiar risk.” By special verdict, the jury decided that defendant Atlantic Pacific had no control over that portion of the construction premises where plaintiff was injured. The jury found for defendant. Plaintiff’s motion for new trial was denied. Plaintiff has appealed from the judgment in timely fashion. We affirm.

Factual Background

The facts were presented on appeal by means of stipulated settled statements containing an agreed summary of the testimony of the witnesses (see rule 7, Cal. Rules of Court). In addition, this court, pursuant to California Rules of Court, rule 12a, augmented the record on appeal by ordering up the exhibits from the superior court.

Defendant Atlantic…