Strouse
Strouse v. Webcor Constr., L.P.
Opinion
Lead Opinion
Fujisaki, J.
*706 Webcor Construction, L.P. (Webcor) was the general contractor for the rehabilitation of the California Memorial Football Stadium in Berkeley (the Project). Webcor hired ACCO Engineered Systems (ACCO) to perform ventilation and plumbing services on the Project. James Strouse, an ACCO employee, suffered a workplace injury when his leg fell into a 12-inch deep expansion joint after the plywood safety cover gave way. He sued Webcor for negligence, and Webcor filed a cross-complaint against ACCO for indemnity. A jury found Webcor 100 percent liable for Strouse's injuries.
On appeal, Webcor contends the trial court erred in instructing the jury using CACI No. 1009B, which, in Webcor's view, does not accurately state the holding of Hooker v. Department of Transportation (2002) 27 Cal.4th 198 , 115 Cal.Rptr.2d 853 , 38 P.3d 1081 ( Hooker ). Webcor further contends the trial court erroneously instructed on negligence per se based on regulations promulgated under the California Occupational Safety and Health Act (Cal-OSHA). Finally, Webcor argues the trial court erred in granting ACCO's motion for attorney fees. We affirm the judgment.