Gyerman v. United States Lines Co

Plaintiff was injured while unloading fishmeal sacks for Defendant. Fishmeal is very difficult cargo to handle. Plaintiff had been assigned to break down the fishmeal sacks. Before he started, he noted that the sacks were not properly arranged. Plaintiff complained to Noel, Defendant’s chief marine clerk, that is was dangerous to proceed with the work in question. Plaintiff was told that there was nothing that could be done about it. Plaintiff did not speak to his own supervisor, even though the union contract with his employer provided that “[l]ongshoremen shall not be required to work when in good faith they believe that to do so is to immediately endanger health and safety” and established a grievance procedure “to determine whether a condition is safe or unsafe.” During the first three days, a large number of fishsacks fell, but no harm resulted. On the fourth day, twelve sacks fell simultaneously and one of them came towards Plaintiff. Plaintiff sustained injuries to his back and legs as a result of the incident. The trial judge found that Defendant was negligent in its failure to stack the fishmeal in a safe manner, and that his negligence was the proximate cause of Plaintiff’s harm. However, the court held that Plaintiff’s negligence in failing to stop work in the face of a known danger barred his cause of action. Plaintiff appealed.