Gyerman v. United States Lines Co.
Supreme Court of California
498 P.2d 1043 (Cal. 1972)
Longshoreman Gyerman (plaintiff) noticed fishmeal bags improperly stacked (not in the customary safe, brick-like pattern) at a warehouse owned by United States Lines (defendant), raised the concern with a warehouse manager who said nothing could be done, but never invoked his own contract's safety-refusal or grievance procedures or reported the concern to his own supervisor; he was later injured when about twelve bags fell on him. The trial court found the warehouse's negligence was the proximate cause of the injury but also found Gyerman contributorily negligent for continuing unsafe work, barring recovery; Gyerman appealed.
Whether, in an affirmative defense against liability based on the plaintiff's contributory negligence, the defendant must prove the plaintiff's contributory negligence was a proximate cause of the plaintiff's injuries.