Ralph Martinez and Mary Martinez v. Asarco Inc.

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph MARTINEZ and Mary Martinez, Plaintiffs-Appellants, v. ASARCO INC., Defendant-Appellee. No. 93-15080. United States Court of Appeals, Ninth Circuit. Submitted Feb. 9, 1994. 1 Decided July 13, 1994. 1 Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. 2 MEMORANDUM 3 2 Plaintiffs Ralph and Mary Martinez brought this personal injury action alleging that Defendant ASARCO, Inc. was negligent in connection with maintenance work done at an ASARCO smelter in Hayden, Arizona. The trial was bifurcated on liability and damages. ASARCO was found liable, and the Martinezes were awarded damages. 3 ASARCO contends that a new liability trial is justified because the trial court impermissibly allowed plaintiffs to use a negligence per se theory to establish ASARCO's "duty" to maintain a safe workplace. We agree. 4 Because we reverse on this issue, we need not reach ASARCO's other assertions of error. 5…