Miller v. Kaiser Community Homes

Action for damages for personal injuries. Plaintiff was in an attic of a new store building, installing a burglar alarm system. A portion of the acoustical ceiling broke and plaintiff fell to the floor. The action was against the owner of the building, the contractor, the architects, the subcontractor who constructed the ceiling, and the lessee of the storeroom for whom the alarm system was being installed. In a non jury trial, judgment was for the defendants (nonsuit was granted as to the lessee). Plaintiff appeals from the judgment.

Appellant contends that certain findings are not supported by the evidence.

Defendant Jackson Bros., as contractor, constructed a one-story building in Los Angeles for defendant Kaiser Community Homes. The building, which comprised five storerooms, was completed July 30, 1954. Six days thereafter, defendant Jacobson, as lessee, entered into possession of one of the storerooms. The storeroom was about 19 feet wide and 100 feet long. The attic of the storeroom was separated from the attics of adjoining storerooms by partitions. The distance *674 from the ceiling to the slightly sloping roof varied gradually from approximately 4 feet to 5 feet. It…