Krueger

849 F.2d 1476 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jack C. KRUEGER and Mariann Krueger, husband and wife, Plaintiffs-Appellants, v. VAAGEN BROTHERS LUMBER, INC., and Elmer A. Lindor, Defendants-Appellees. 1 No. 87-3778. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1988. Decided June 9, 1988. 3 Before TANG and CANBY, Circuit Judges, and JESSE W. CURTIS ** , District Judge. 4 MEMORANDUM * 5 This is an appeal by Jack C. Krueger and Mariann Krueger from a judgment of the district court and its denial of their motion for a new trial grounded upon the contention that the district court failed to properly instruct the jury on the duties of an employer under the Washington Industrial Safety and Health Act of 1973 (WISHA), and the regulations promulgated thereunder. We reverse and remand for a new trial. FACTS 6 This cause of action arose from injuries received by plaintiff-appellant Jack Krueger at the lumber…