Progressive Transportation Co. v. Southern California Gas Co.

Virginia Gray, Mollie Bentley and Virginia Pratt, the wife and daughters respectively of Charles Gray, decedent, filed suit against appellant Progressive Transportation Company (Progressive) for the wrongful death of decedent.

The complaint alleges: “. . . on or about November 7, 1961 . . . [Progressive] so carelessly and negligently operated, maintained and controlled a certain crane, then and there under the direction of Martin Keefer, an agent of [Progressive] that the same did cause the collapse and destruction of certain sections of a gas tank holder upon which [decedent] was standing.

“That as a result of said collapse, [decedent] fell approximately 90 feet to the concrete.

‘ That as a result of said collapse, [decedent] was killed. ’ ’

Progressive answered asserting no negligence on its part and denying generally and specifically all pertinent allegations. The answer set forth the following defenses: that decedent was contributorily negligent; that Martin Keefer, Progressive’s employee was at the time of the accident, the special employee of Mesnick & Dean (Mesnick), the employer of decedent, and that Mesnick’s negligence caused decedent’s death; and that pursuant to…