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| Case Name | RMC Pacific Materials v. Metropolitan Stevedore | |
|---|---|---|
| Date | 09/10/2009 | |
| Note | Substantial evidence supported the jury's finding that the employer's negligence was the proximate cause of the longshoreman's death. The trial court did not erroneously instruct the jury that the employer was responsible for Padgett's death. | |
| Citation | A119173 | |
| WCC Citation | WCC 35652009 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR RMC PACIFIC MATERIALS, INC. , Cross-complainant and Respondent, v. METROPOLITAN STEVEDORE COMPANY, INC. , Cross-defendant and Appellant. FACTS*FN1 Respondent RMC Pacific Materials, Inc. (RMC) imports and sells cement. RMC contracted with appellant Metropolitan Stevedore Company, Inc. (Metropolitan) to provide longshoreman laborers who unload the ships. Metropolitan agreed to indemnify RMC from claims asserted against RMC "by any person for personal injury [or] death" resulting from Metropolitan's negligence. Metropolitan notes that the jury assigned 100 percent of the causal blame for the fatal accident to Metropolitan and zero percent to RMC, yet awarded RMC only 75 percent of the amount RMC paid to settle with Padgett's heirs (i. e. , $4,687,500 of the $6,250,000 paid).
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