In this unpublished case, a longshoreman was killed when he fell off a gangway while trying to reach out for a cord as he and coworkers unloaded cement.
The decedent's family sued the maker of the gangway, alleging it was defective. The maker settled with the family and sued the decedent's employer, claiming contributory negligence.
At trial a jury ruled against the employer for negligence and also said the gangway maker was NOT negligent.
The employer argued on appeal that the jury's verdict was inconsistent and that the evidence supported that the gangway owner was responsible and not the employer.
The appellate court disagreed.
It first noted that there was an indemnity clause between employer and gangway owner which clearly indemnified the owner.
Second, it ruled that there was plenty of evidence - including a supervisor of the employer who testified that in effect the gangway was not used as it should have been - supporting the negligence of the employer in managing its employees.
The Court also saw no reversible error in the fact that the jury, while finding no negligence on the part of the gangway owner, awarded damages to the owner representing much less than what the owner had settled with the decedent's family for.
The case is RMC Pacific Materials v. Metropolitan Stevedore.
To read the full opinion,
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