Kuntz

Plaintiff was employed in the construction of a building when he was injured as the result of stepping on a panel of steel decking which gave way beneath him. Del E. Webb Construction Company was the general contractor for the erection of the building; the decking was being installed by employees of Mitchell Steel, Inc., a subcontractor; and plaintiff’s employer was another subcontractor, Patent Scaffolding Company. This action was brought to recover damages against Webb and Mitchell, and the jury found against them. Webb appeals from the ensuing judgment and from the denial of its motion for judgment notwithstanding the verdict, contending that the evidence fails to establish a basis for holding it liable and that the court erred in instructing the jury.

The building under construction was 13 stories high, and Mitchell was engaged in laying steel decking designed to act as a form for concrete floors to be poured later. The decking, which was composed of metal strips several feet long and 2 feet wide, was laid in the same manner at each level of the building. Mitchell’s employees placed the panels between the girders at a given floor level and fitted the pieces together along the…