Montgomery Ward & Co. v. KPIX Westinghouse Broadcasting Co.

SALSMAN, J.

The trial court sustained a general demurrer to the appellant’s first amended complaint; the appellant declined to amend further, and appeals from the judgment thereafter entered.

The first amended complaint alleged that the defendant, pursuant to a written agreement, originated a telecast from plaintiff’s premises; that defendant had the exclusive control and supervision of technicians, employees and equipment in connection with the telecast; that, the defendant having exclusive control and supervision, had the accompanying duty and obligation to perform all of the work in a safe and careful manner; to supervise the work of its personnel and to provide a safe place for its employees to work, and to indemnify plaintiff for any loss caused by defendant’s negligence in performing these duties; that one Carson, an employee of the defendant, was injured while performing work in connection with the telecast on plaintiff’s premises; that at the time of the injury to Carson, the latter was under the exclusive supervision and direction of the defendant and defendant’s employees, and was in the course and scope of his employment; that plaintiff had no authority to control Carson and had no knowledge of where Carson was working, and plaintiff’s permission was not requested or given to defendant or- its employees for Carson to be working in the area where the injury occurred; that defendant’s employee Carson filed suit against plaintiff seeking damages for his injuries, and naming plaintiff herein as a defendant in said suit; that plaintiff demanded of the defendant in this action that Carson’s claim be settled; that defendant failed to settle said claim. and thereafter plaintiff, by negotiation, made a reasonable settlement with Carson in the sum of $3,250; that in effecting the settlement and in defense of Carson’s action, plaintiff expended the further sum of $3,390.87; that the injuries to Carson were proximately caused by defendant’s negligence in failing to supervise Carson in a safe and careful manner and to provide a safe place for Carson to work; that Carson’s injuries were not caused by any negligence on the part of the plaintiff; that defendant has the duty to indemnify

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plaintiff for the full amount of the settlement and

costs;