Dugas

Dugas v. C. Brewer & Co.

Good Law
165 Cal. App. 3d 203·1985 Cal. App. LEXIS 1710·211 Cal. Rptr. 573
Court of Appeal of CaliforniaMarch 5, 1985No. A016084California2,836 words

Opinion

Lead Opinion

White, J.

Adam Dugas, a longshoreworker who was injured while unloading cargo, appeals from a summary judgment in favor of the shipowner, respondent C. Brewer & Co., Ltd. For the reasons set forth below, we reverse.

In reviewing a summary judgment, we are limited to the facts shown in the affidavits and those admitted and uncontested in the pleadings. We determine only whether the facts so shown give rise to a triable issue of fact. Moreover, the moving parties’ papers are strictly construed, while those of the opposing party are liberally construed. A summary judgment *207 is a drastic procedure to be used with caution, and doubts as to the propriety of granting the motion are resolved in favor of the party opposing the motion. (Corwin v. Los Angeles Newspaper Service Bureau, Inc. (1971) 4 Cal.3d 842, 851-852 [ 94 Cal.Rptr. 785 , 484 P.2d 953 ]; Draper Mortuary v. Superior Court (1978) 135 Cal.App.3d 533, 535-536 [ 185 Cal.Rptr. 396 ].) An appellate court will reverse a summary judgment if any kind of a case is shown. (4 Witkin, Cal. Procedure (2d ed. 1971) Proceedings Without Trial, § 199, p. 2844; Fosgate v. Gonzales (1980) 107 Cal.App.3d 951, 954-955 [ 166 Cal.Rptr. 233 ];…

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