Knight

This appeal is by the plaintiff from a judgment in favor of defendant notwithstanding the verdict.

The action is one for damages for personal injury. Plaintiff was an employee of Alta-Frazer Edwards, Inc., (hereinafter referred to as “Alta”), the roofing subcontractor, in the erection of a one-story building.

Plaintiff’s “Complaint for Damages for Personal Injuries ’ ’ was filed December 18,1958. Contracting Engineering Company, the general contractor, and Does I to XX were named as defendants. It was alleged that the defendants “so carelessly and negligently maintained, operated and controlled the premises in connection with the construction of said building and so carelessly and negligently furnished or permitted the use of planks by employees of subcontractors which were in a dangerous and defective condition, and carelessly and negligently failed to furnish safe, proper and adequate footing to plaintiff; that plaintiff while walking across one of the defective planks so supplied by said defendants, fell approximately twenty (20) feet to the ground below when the same collapsed. ’ ’

Defendant, “Contracting Engineers Company, erroneously sued herein as Contracting Engineering…