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| Case Name | Harsco Corp. v. Kiewit Pacific Co. | |
|---|---|---|
| Date | 05/27/2008 | |
| Note | Employer's failure to raise the issue of damages until after it had propounded discovery devices, litigated a summary judgment motion, and participated in a trial waived, forfeited, and estopped it from asserting it was not subject to a potential damage award in this case. | |
| Citation | B194481 | |
| WCC Citation | WCC 33732008 CA |
Savage; Chapman, Clucksman & Dean, Arthur J. Chapman and Dominic J. Fote for Cross-Defendant and Respondent Kiewit Pacific Company. FACTUAL BACKGROUND Kiewit Pacific Corporation (Kiewit) was hired as the general contractor to build 60-foot sewage tanks. Ninety-nine per cent of the shoring frames on tank 19 were rented by Quality from Harsco Corporation (Harsco). Third, Harsco had the authority to rent the shoring pursuant to a June 15, 1992 contract with Kiewit. On January 6, 2005, Harsco filed its reply to Mr. Villegas's summary judgment opposition which stated: "Defendants Harsco Corporation, Patent Construction Systems, A Division of Harsco, SGB Construction Services, Inc. , and SGB, Inc. .
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