Armitage v. Mesa Contracting Corp.

Full title: GEORGE ARMITAGE, JR., Cross-complainant and Appellant, v. MESA CONTRACTING…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Mar 26, 2010

No. G040803 (Cal. Ct. App. Mar. 26, 2010)

Opinion

GEORGE ARMITAGE, JR., Cross-complainant and Appellant, v. MESA CONTRACTING CORPORATION, Cross-defendant and Respondent. G040803 California Court of Appeal, Fourth District, Third Division March 26, 2010

NOT TO BE PUBLISHED

Super. Ct. No. 05CC04257

FYBEL, J.

It is ordered that the opinion filed herein on March 3, 2010, be modified as follows:

On page 14, at the end of the second full paragraph, after the last sentence ending “excavated at the oil field,” add as footnote 5 the following footnote:

⁵ In a petition for rehearing, Armitage argues we overlooked the issue whether Mesa was subject to the nondelegable duty doctrine in light of two facts: (1) drivers drove the dump trucks assigned to them home and drove them back to the oil field the following morning and (2) the oil field was not secured against entry by the general public. Assuming these facts are undisputed, as Armitage claims, neither alters our conclusion. Neither fact conclusively establishes Mesa transported excavated soil from the site on a public highway.

This modification does not effect a change in the judgment. The petition for rehearing is denied.

WE CONCUR: BEDSWORTH, ACTING P. J., ARONSON, J.