Galloway Crane & Trucking Co. v. Truck Ins. Exch.

This is an appeal from a judgment holding that the cross-defendant insurance companies were not liable to the cross-complainant for damages resulting from an injury occurring during the construction of a building. In the view we take of the case it is not necessary to outline in detail the interrelationships of the parties and their carriers, since we hold that the trial court correctly interpreted the applicable provisions of the insurance policies herein involved as applied to the facts of this case.

Briefly summarized, the pertinent facts are as follows: The injured person was an employee of the general contractor, James I. Barnes Construction Company (Barnes). He was injured when a cable, forming *388 part of a crane being used to lift concrete to forms located at the penthouse site of the seven-story building, broke, causing part of the crane to fall upon him. Barnes had sub-let to Blue Diamond Concrete Materials (Blue Diamond) the furnishing of concrete for the job.' Blue Diamond had hired Harlan Burden to deliver the concrete. Barnes had contracted with cross-complainant, Galloway Crane & Trucking Company (Galloway), to provide a crane to lift the cement furnished…

I concur in the result reached by the majority but I do not agree with all of the views expressed in the majority opinion. In reaching its result, the majority relies upon a principle set forth that a prior decision of the Court of Appeal is binding upon us. The case referred to is San Fernando Valley Crane Service, Inc. v. Travelers Ins. Co. (1964) 229 Cal.App.2d 229 [ 40 Cal.Rptr. 165 ], The majority gives two reasons for the binding effect of the San Fernando Valley case: (1) that it is a decision by another division of the Second District of the Court of Appeal and (2) that it was cited with approval by the Supreme Court in the case of Entz v. Fidelity & Casualty Co. (1966) 64 Cal.2d 379 [ 50 Cal.Rptr. 190 , 412 P.2d 382 ],

The emphasis placed by the majority upon the fact that the San Fernando Valley case was decided by another division of this district is beyond my comprehension. Perhaps the inference is that when a division of this Second District determines a point of law, all future cases on this point of law arising in any division of this Second District must be decided in exactly the same way, irrespective of one’s belief as to the correctness of the prior decision. I…