> >
Case Name | Gradle vs. Doppelmayer USA | |
---|---|---|
Date | 02/27/2004 | |
Note | Cal-OSHA standards admissible to prove negligence per se against third party. | |
Citation | 116 Cal.App.4th 276 | |
WCC Citation | WCC 29722004 CA |
RONALD MICHAEL GRADLE et al. , Plaintiffs and Appellants, v. DOPPELMAYR USA, INC. , Defendant and Respondent. A mechanic asked Gradle if he wanted the lift stopped and Gradle said no. Gradle climbed into the operator shack at the terminal. Gradle yelled to the mechanic, who was 20 feet away, to take the lift to start speed and then stop it. Gradle squatted on top of the tub wall waiting for the lift to stop and slipped. Gradle testified the maintenance mechanic smelled "boozy" and appeared a little hung over the morning of the accident.
Download full case here.
Download full case here.