Perry v. D.J. & T. Sullivan, Inc

In Perry v. D.J. & T. Sullivan, Inc. (1933) 219 Cal. 384, the plaintiff, who was an employee of the general contractor, was injured while using a ladder and brought an action for negligence against a subcontractor. (Id. at pp. 386, 388, 389.) Prior to the accident, the subcontractor's employees loosened the base of the ladder and assured the plaintiff that it had been refastened. (Id. at pp. 387-388.) The California Supreme Court stated that the contractors "owed to the employees of each other the same duty of exercising ordinary care for their safety during the progress of the work as they owed to the public generally. " (Id. at p. 389.) Based on evidence that the subcontractor "did interfere with the ladder and voluntarily assumed control of it, and having done so, he thereby undertook the duty of using ordinary care to see that it continued to be safe for the use of others engaged in work on the building whose duties required them to make use of the ladder." (Id. at pp. 389-390.)