Quimbee logo
DMCA.com Protection Status
  • G
  • Gyerman v. United States Lines Co.Gyerman v. United States Lines Co.
From our private database of 16,800+ case briefs...

Gyerman v. United States Lines Co.

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


Gyerman (plaintiff) was employed as a longshoreman for Associated Banning Company. He was working in a warehouse owned by United States Lines Co (warehouse) (defendant), unloading bags of fishmeal. Fishmeal is a difficult substance to unload as the bags have a tendency to slip and fall easily. As a result, they are customarily stacked on pallets in piles with a limited height, and in a “brick-like” formation. Gyerman noticed that the fishmeal stacked by the warehouse was not laid out in this fashion. He expressed concern to a warehouse manager that this was unsafe, but was told nothing could be done. Gyerman’s contract provided that he did not have to engage in work he believed would result in danger, as well as a grievance procedure to determine whether a particular procedure is unsafe and resolve any safety issues. However, Gyerman did not take advantage of these procedures or speak to his own supervisor about his concerns. Gyerman was injured when approximately twelve bags of fishmeal fell on him. He brought suit against the warehouse for negligence. The trial court found that the warehouse’s negligence was the proximate cause of Gyerman’s injuries, but that Gyerman’s own contributory negligence in continually engaging in work he believed unsafe prevented him from recovery for damages. Gyerman appealed to the Supreme Court of California.

Rule of Law


Holding and Reasoning (Sullivan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 448,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 448,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial