Bayne v. Todd Shipyards Corp.

Bayne (plaintiff), a trucking company employee, fell from a loading platform at Todd Shipyards (defendant) that lacked a guardrail required by a state administrative regulation for platforms four feet or higher, a regulation adopted by the Director of Labor and Industries after a public hearing of which all affected establishments, including Todd Shipyards, received notice. Bayne sued for negligence based on the missing guardrail, but the trial court instructed the jury only that the violation was evidence of negligence, not negligence per se, and the jury found for Todd Shipyards; the appellate court affirmed, and Bayne appealed further.