Arbaugh

Arbaugh v. Procter & Gamble Manufacturing Co.

Bad Law
145 Cal. Rptr. 608·1978 Cal. App. LEXIS 1437·80 Cal. App. 3d 500·43 Cal. Comp. Cases 581
Court of Appeal of CaliforniaApril 27, 1978Civ. 51133California4,136 words

Opinion

Opinion

Goertzen, J.

Defendant Procter & Gamble Manufacturing Company (hereinafter defendant) appeals from a judgment entered in favor of plaintiff Glen O. Arbaugh (plaintiff) and plaintiff-in-intervention Transport Indemnity Company (intervener).

Plaintiff brought this action against defendant to recover damages for personal injuries he sustained at a warehouse owned by defendant while in the course of his employment for Signal Trucking Co. (Signal). The intervener herein was Signal’s workers’ compensation insurance carrier at the time of the accident. Also named in plaintiff’s action was Thompson Brothers, Inc., another trucking company which operated within defendant’s warehouse; plaintiff and intervener both eventually settled with Thompson Brothers, however, and the action was dismissed as to that defendant.

Facts

On November 5, 1971, plaintiff was working at defendant’s Long Beach warehouse and soap loading dock while employed by Signal as a “spotter.” Plaintiff’s duties consisted of backing empty truck trailers up to the loading dock in their proper position (spotting) and then towing them away after they had been loaded.

After a trailer had been backed against the loading dock,…

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