Allen v. Sully-Miller Contracting Co. (2000)

DACUS WADE ALLEN, Plaintiff and Appellant, v. SULLY-MILLER CONTRACTING COMPANY, Defendant and Respondent.

[Modification of Opinion (80 Cal.App.4th 245) on denial of petition for rehearing.]

THE COURT. fn. * - It is ordered that the opinion filed herein on April 26, 2000, be modified in the following particular:

Delete the first sentence in the "Disposition" section of the opinion [80 Cal. App. 4th 260, advance report, 3d par., line 1]. In its place insert the following:

"The judgment as it applies to respondent Sully-Miller is reversed and the cause remanded for new trial on all issues including liability and damages. The judgment as it applies to defendants Daniel Lopez Concrete Construction and the City of Los Angeles is unaffected."

The modification results in no change in the judgment.

Sully-Miller's petition for rehearing is denied.

FN *. Before Lillie, P.J., Johnson, J., and Neal, J.