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Shepard & Morgan v. Lee & Daniel, Inc.

31 Cal. 3d 256, 182 Cal. Rptr. 351, 643 P.2d 968 (1982)

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Shepard & Morgan v. Lee & Daniel, Inc.

California Supreme Court
31 Cal. 3d 256, 182 Cal. Rptr. 351, 643 P.2d 968 (1982)

MP

Facts

Terry Cole (plaintiff), a carpenter, was injured while working on a job and sued the general contractor, Shepard & Morgan, (Shepard) (defendant) and a subcontractor, Lee & Daniel, Inc., (Lee) (defendant), who in turn was cross-claimed against by Shepard for indemnity. In response to Cole’s discovery request for admissions, Shepard made an admission regarding the cause of the accident—despite alleging in the cross-complaint that Lee created the hazard that injured Cole. The trial court entered a nonsuit against Shepard on its cross-complaint. Shepard appealed.

Rule of Law

Issue

Holding and Reasoning (Richardson, J.)

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Casebooks

California Civil Procedure

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