Lewis v. Southern California Edison Co.

FOURT, J.

This is an appeal by the defendant in each of the above numbered causes from a judgment for the plaintiff in each case for personal injuries.

In each of the cases plaintiff brought an action for damages for personal injuries allegedly sustained by the negligence of the defendant. The injuries in each instance arose out of the same occurrence.

The cases were consolidated for trial and were heard without a jury. Commie D. Lewis was awarded a judgment in the sum of $28,080.17 and Gordon E. Fraser was awarded a judgment in the sum of $1,000.

A résumé of some of the facts is as follows: Bechtel Company was engaged to construct two separate units of a steam plant for the defendant. Plaintiffs were employed by Bechtel Company as steam fitters. At the time of the accident, Unit Number 2 of the plant was under construction and the work was being done by Bechtel. Unit Number 1 was being operated by the defendant and had been so in operation for some time prior to the accident. In Unit Number 1 plant there were many steam pipes carrying hot water and steam. Bulletins

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of the defendant were placed about the unit and elsewhere to the end that the workmen would be notified and informed of the location of the various pipes on which work was to be done. Nothing was to be touched “that was in operation.” As to "Unit Number 1 equipment, Bechtel employees were not to touch any of the same unless it was red-tagged, which red-tagging would indicate that it was cleared, safe, depressurized and that there was no danger. Such tags could only be placed upon such equipment by a defendant employee.

On Saturday, May 14, 1955, which was not a regular working day, Fraser and Lewis of Bechtel Company were told by their foreman to work on a certain valve which was part of the equipment of Unit Number 1. The work was referred to as a rush job which had to be done right away. The valve to be worked on was red-tagged. The foreman told Fraser and Lewis that the line was clear and secured and that it was “red-tagged.” As the two men worked on the valve hot water and steam under pressure came out and as a result both were injured.

The defendant had charge and control of the plant Unit Number 1. It was being operated to produce electrical power commercially. Bechtel Company had nothing to do with the production of the hot water.