California Court of Appeal

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GRADLE v. DOPPELMAYR USA, INC., C041861

In a tort suit against the manufacturer of allegedly defective ski-lift machinery, trial court erred in excluding evidence of Cal-OSHA rules and regulations; under amended Labor Code section 6304.5, evidence of Cal-OSHA standards is admissible to establish negligence per se except against the state for violation of a mandatory duty. Trial court abused its discretion in awarding defendant expert witness fees as costs.

Appellate Information

  • Decided 02/27/2004
  • Published 02/27/2004

Judges

  • MORRISON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael Roffian and Steven P. Scandura, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Schaffer, Lax, McNaughton & Chen, Clifford L. Schaffer, Los Angeles, and Susan Rousier for Defendant and Respondent.