Jose Vasquez v. Merrill Farms

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose VASQUEZ, Plaintiff-Appellant, v. MERRILL FARMS, Defendant-Appellee. No. 92-15260. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1993. Decided June 25, 1993. Before: GOODWIN, HUG, and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 Jose Vasquez, a migrant farm worker, was injured on Merrill Farms' property when he fell off the back of a pick-up truck and was run over by a trailer being towed by the truck. Vasquez brought an action in the district court under the motor vehicle safety provisions of the Migrant and Seasonal Agricultural Workers Protection Act (AWPA), 29 U.S.C. §§ 1801-1872 . Defendant, Merrill Farms, moved for summary judgment on the ground that the AWPA did not apply to the circumstances that constituted Vasquez's claim. The district judge granted Merrill Farms' motion for summary judgment and dismissed the action. Vasquez now appeals that decision. We…