Taing

Taing v. Johnson Scaffolding Co.

Bad Law
11 Cal. Rptr. 2d 820·1992 Cal. App. LEXIS 1107·9 Cal. App. 4th 579·92 Daily Journal DAR 12771·92 Cal. Daily Op. Serv. 7902
Court of Appeal of CaliforniaSeptember 15, 1992A054965California1,851 words

Opinion

Opinion

Haning, J.

Defendant/appellant Johnson Scaffolding Company appeals a judgment by jury trial in favor of plaintiff/respondent Meng Taing (Taing) et al. in Taing’s action for personal injuries suffered in a construction accident. Appellant contends the judgment is not supported by substantial evidence, and that the court erred in awarding Taing prejudgment interest and expert witness fees.

Procedural History

On January 15,1988, Taing was injured when he fell from a scaffold at the Post Street Towers construction site while employed as a plasterer with Meiswinkel, Inc., the plastering subcontractor. Maryland Casualty (Meiswinkel’s workers’ compensation carrier) sued appellant (the scaffolding sub-subcontractor) and Turner (the general contractor) for reimbursement of workers’ compensation benefits paid. Thereafter, Taing filed a personal injury complaint against Turner, appellant, and Metro Post (the owner of Post Street Towers). Appellant, Turner and Metro Post cross-complained for indemnity against Meiswinkel. By stipulation, the actions were consolidated for trial.

Following judicial arbitration (Code Civ. Proc., § 1141.10 et seq.), Meiswinkel and Turner filed a timely request…

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