Taylor v. City of Los Angeles

DORAN, J.

This is an appeal, on the judgment roll, from a judgment based on the sustaining of a demurrer to the complaint without leave to amend.

The complaint alleged, in substance, that while plaintiffs, as employees of the Works Progress Administration, were performing certain duties with a compressor crew engaged in the removal of an old abandoned concrete storm drain from a ditch on a street in Los Angeles, sparks from a jackhammer operation caused an explosion of accumulated gas, on account of which plaintiffs suffered serious burns. It is further alleged that such injuries resulted from the negligence of employees of the city in directing said work and in exposing

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said plaintiffs to unnecessary danger, as well as in ordering them to work under dangerous and unsafe conditions.

Appellants’ brief sets forth that “the reason for the refusal to allow plaintiffs to amend, we understand, was the conviction of the trial court that the facts involved did not give rise to a cause of action by the plaintiffs—in other words, that the city was not exercising a proprietary function and owed no duty to these men”. On such premise it is argued that “this appeal, then, is concerned mainly with the question whether the city was engaged in a governmental function and immune from liability for the negligent acts of its servants in overseeing other workers on the project, or whether it was engaged in a proprietary function, and liable for such negligence”.

Appellants’ understanding of the trial court’s reasons for the ruling on the demurrer may or may not be correct. In any event, respondent City of Los Angeles offers this further argument: First, that respondent is not liable for injuries suffered by relief workers connected with a Works Progress Administration project under conditions set forth in plaintiffs’ complaint; and second, that, assuming plaintiffs to have been employees of the city, then in that event the exclusive remedy is that provided by the terms of the California Workmen’s Compensation Act. As above noted, the complaint alleges that “plaintiffs were engaged in their duties as employees of the Works Progress Administration in a compressor crew on a Los Angeles City project known as No. 1503 65-3-132 sewer storm drain, removing an old abandoned concrete storm drain from a ditch at West Chester Place between Ninth street and Olympic boulevard in said City of Los Angeles”. It is unnecessary to give consideration to all of the possible issues that may have influenced the trial court in the determination of the questions raised. It is sufficient to note that under the facts alleged as above quoted from plaintiffs’ complaint, the case comes squarely within the rule established in