Vegetable Oil Products Co. v. Superior Court

This case, like Tate v. Supe7'ior Court, ante, at page 238 [ 28 Cal.Rptr. 548 ], involves an attempt by a defendant in a personal injury action to base a defense and a cross-complaint upon the allegation that the plaintiff’s employer negligently caused the injury.

The facts, as alleged in the petition filed here, are admitted by the return. On June 9, 1958, Elmer L. Perrel commenced an action in the respondent superior court to recover damages for bodily injuries. At the time of his injury, Perrel was employed by Bay View Welding Works to make repairs on a large metal storage tank owned by Vegetable Oil Products Company, Inc. Perrel’s original complaint for damages named as defendants Safway Steel Scaffolds, Vegetable Oil Products Company, Inc., and Bay View Welding Works. A general demurrer interposed by Bay View was sustained on August 1, 1958, and Perrel thereafter filed an amended complaint omitting that party. The action was tried and judgment entered for defendants. On appeal, the Supreme Court reversed and remanded for a new trial against the defendant Vegetable Oil only. (Ferrel v. Safway Steel Scaffolds, 57 Cal.2d 651 [ 21 Cal.Rptr. 575 , 371 P.2d 311 ].) The evidence,…