Gyerman v. United States Lines Co. case brief

Gyerman v. United States Lines Co. case brief summary
498 P.2d 1043 (Cal. 1972)

CASE SYNOPSIS

Plaintiff worker appealed the judgment of the Superior Court of Los Angeles County (California), which held that defendant warehouse lessee was not liable for plaintiff's injuries caused by an accident due to unsafe working conditions at the warehouse. The trial court found that defendant was negligent, but that plaintiff's contributory negligence was the proximate cause of his injuries.

CASE FACTS
Plaintiff worker sought damages for personal injuries caused by an accident due to unsafe working conditions at defendant warehouse lessee's place of business. At the first trial a jury returned a verdict for defendant, but a new trial was granted.


DISCUSSION

• The court reversed the trial court's judgment, and remanded for a new trial on plaintiff's contributory negligence and damages. 
• The court held that the trial judge did not ignore the doctrine of law of the case. 
• The court found that the decision on the first appeal left the issue of contributory negligence for the determination of the trier of fact upon retrial. 
• The court held that defendant was not estopped from asserting plaintiff's contributory negligence, because plaintiff's contention that defendant's employee misled plaintiff about the dangerous condition was a question of fact that could not be raised for the first time on appeal. 
• The court held that defendant failed to prove plaintiff's contributory negligence because, although there was sufficient support for finding that plaintiff failed to use ordinary care, the record did not establish that plaintiff's failure was a substantial factor in bringing about the accident.

CONCLUSION
The court reversed the judgment of the lower court, which held that defendant warehouse lessee was not liable for plaintiff worker's injuries caused by an accident due to unsafe working conditions. The court held that defendant was not estopped from asserting the defense of contributory negligence, but that defendant did not prove this defense. The court remanded the case for a new trial on plaintiff's contributory negligence and damages.



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