Woods

Woods v. Union Pacific Railroad

Good Law
162 Cal. App. 4th 571·2008 Cal. App. LEXIS 629·75 Cal. Rptr. 3d 748
Court of Appeal of CaliforniaApril 15, 2008B186044California2,734 words

Opinion

Opinion

Jackson, J.

INTRODUCTION

Plaintiff Raymond A. Woods appeals from a judgment entered following the grant of a directed verdict in favor of defendant Union Pacific Railroad Company. We affirm the judgment. Plaintiff also appeals from the order awarding defendant ordinary costs and expert fees and costs. Inasmuch as plaintiff has presented no arguments with respect to this order, we deem plaintiff’s appeal from the order to have been abandoned and affirm the order. (Tiernan v. Trustees of Cal. State University & Colleges (1982) 33 Cal.3d 211, 216, fn. 4 [ 188 Cal.Rptr. 115 , 655 P.2d 317 ]; Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [ 76 Cal.Rptr.2d 457 ].)

FACTUAL AND PROCEDURAL BACKGROUND

In 1995, defendant hired plaintiff to work at its Long Beach Intermodal Container Transfer Facility (ICTF). Plaintiff worked primarily as a ground-man. Ascending and descending railcars was one of plaintiff’s regular duties, a duty for which he received training.

On the evening of November 7, 2001, plaintiff was at ICTF loading an outbound intermodal railcar identified as a Gunderson GWG-33, a high-profile 53-foot railcar with multiple bays. Attached to this railcar was a series of…

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