Gyerman v. United States Lines Co.

498 P.2d 1043 (1972)

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Gyerman v. United States Lines Co.

California Supreme Court
498 P.2d 1043 (1972)

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Facts

John Gyerman (plaintiff) worked as a longshoreman for Associated Banning Company (Banning). Banning assigned Gyerman to work in a warehouse owned by United States Lines Company (Lines) (defendant). Gyerman was tasked with using a forklift to reorganize stacked pallets containing sacks of fishmeal. Fishmeal sacks were prone to instability. Consequently, they were customarily stacked in a staggered formation for support. Gyerman noticed that Lines’ sacks were not stacked that way. He notified a Lines employee but was told nothing could be done. Gyerman did not report the situation to his Banning supervisor, which would have been standard industry practice. Further, Gyerman continued to work on the project despite a provision in his union contract stating that longshoremen were expected to cease work immediately upon discovering an unsafe condition. On Gyerman’s fourth day at Lines, approximately 12 sacks of fishmeal fell on him, injuring his back and legs. Gyerman sued Lines for negligence. Lines asserted contributory negligence as a defense, arguing that Gyerman’s own negligence in failing to stop work and report the unsafe condition was a contributing cause of his injuries. The trial court held in Lines’ favor, concluding that Lines was negligent but that Gyerman’s own contributory negligence negated Lines’ liability. Gyerman appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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