GYERMAN V. UNITED STATES LINES CO.
7 Cal. 3d 488, 498 P.2d 1043, 102 Cal. Rptr. 795 (1972)
NATURE OF THE CASE: Gyerman (P), worker, appealed a judgment, which held that United
States (D), warehouse lessee, was not liable for P's injuries caused by an accident due to
unsafe working conditions at the warehouse. The trial court found that D was negligent, but
that P's contributory negligence was the proximate cause of his injuries.
FACTS: Gyerman (P) was working as a longshoreman for United States Lines Co. (D)
unloading fishmeal. Because the sacks could fall over easily, there was a procedure that had
to be followed when stacking them. P noticed that this procedure had not been followed, so
he reported it to D's clerk. He was told that nothing could be done about it. P then talked
to his own supervisor. His contract gave him the right to stop working if the conditions
were dangerous, but he continued. While unloading the stacks, some of the sacks fell
injuring P. P sued for damages. D claimed that P was contributorily negligent for not
following proper procedures and notifying his union. The trial court, without a jury, ruled
for P, holding that D was negligent in failing to stack the sacks in the correct way and
that D had a statutory duty to provide all the employees with a safe working environment.
However, the trial court also barred P's cause of action, ruling that he was contributorily
negligent. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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