Idding

Idding v. North Bay Construction Co.

Good Law
1995 Cal. App. LEXIS 1059·39 Cal. App. 4th 1111·46 Cal. Rptr. 2d 149·95 Daily Journal DAR 14537·60 Cal. Comp. Cases 954
Court of Appeal of CaliforniaOctober 30, 1995A066185California1,131 words

Opinion

Opinion

Poche, J.

Plaintiff and appellant David E. Idding (appellant) appeals from a judgment entered in favor of defendants and respondents North Bay Construction Company, Inc., R & R Maher Construction Company, Inc., McBail Company and Wes Bailey (respondents) which was entered following their successful motions for summary judgment. The sole issue presented is whether appellant’s second amended complaint is barred by the applicable statute of limitations, Code of Civil Procedure section 340, subdivision (3).

Facts

On November 22, 1991, appellant filed a complaint in the San Joaquin County Superior Court which set forth a cause of action on general negligence seeking compensation for personal injuries he sustained on December 5, 1990, while working at “Stockton Sewer Project, French Camp Rd. & Interstate 5, Stockton, County of San Joaquin, State of California.” In particular he alleged that while he “was helping to place the rebar in a hole on the job site, the dirt on which he was standing gave way” causing him to slide into the hole while holding the rebar. Appellant named as defendants Dorfman Construction Company, Inc., Black & Veatch, Black & Veatch Construction, Inc., Black &…

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