Hernandez v. Badger Construction Equipment Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting employee's third party tort claims brought under California law not preempted by the LHWCA; finding California code provision reducing employee's recovery by percentage of employer's fault presents no actual conflict with substantive federal right
• noting employee’s third party tort claims brought under California law not preempted by the LHWCA; finding California code provision reducing employee’s recovery by percentage of employer’s fault presents no actual conflict with substantive federal right
• “Generally one who assents to a contract cannot avoid its terms on the ground he failed to read it before signing it”
• court affirmed jury finding that crane manufacturer could be hable for failing to install later developed safety device on crane that was not defective when sold
• jury's finding of negligence based on failure to conduct an adequate retrofit campaign may be reconciled with the jury's finding that there was no design defect in the crane
• jury’s finding of negligence based on failure to conduct an adequate retrofit campaign may be reconciled with the jury’s finding that there was no design defect in the crane

Source: CourtListener parenthetical corpus (CC0).