Litle

This action was brought by plaintiff Litle for damages for injuries received from a collision while he was operating a piece of heavy earth moving equipment commonly called a “tournapull” in the course and scope of his employment. Plaintiff alleged as a first cause of action that R. G. LeTourneau, Inc. (LeTourneau) had negligently designed and manufactured the tournapull involved in the accident causing plaintiff’s injury. As a second cause of action plaintiff alleged that Bill A. Jaehn (Jaehn), an employee of plaintiff’s employer, negligently failed to maintain, inspect, supervise and keep the tournapull in good repair causing plaintiff’s injury.

The trial court held that both LeTourneau and Jaehn were negligent; that plaintiff was not contributorily negligent but that in each instance plaintiff had assumed the risk and voluntarily exposed himself to the dangers which caused the accident.

The evidence in this case disclosed the following pertinent facts. Plaintiff worked for Post Bros., his employer from February 8, 1956, to October 1956, as an operator of heavy equipment. On the day of the accident plaintiff was working for the first time on a job at Dana Point, California.…