Timothy Ward, an employee of the decedent, had accompanied him during the rental transaction and to the job site. Ward was present when the accident occurred, but he did not see it because he was "bending over" while working nearby. Hearing a crash, Ward turned and saw the decedent and the ladder lying on the floor. He realized that the decedent was unconscious, and ran for help. Several persons, including a police officer, came to the scene. After the accident Ward noticed some vertical "cracks," about 3 feet in length, in one of the step-bearing legs of the ladder. fn. 1 The jury saw these cracks. The stepladder was received in evidence at the trial.
Plaintiffs' complaint set forth causes of action for negligence and breach of warranty against Bayshore and its partners. Defendants pleaded, among other things, contributory negligence and assumption of risk by the decedent. The principal controversy at the trial pertained to the cracks in the stepladder.plaintiffs undertook to prove that the ladder was cracked when the decedent rented it, and that the defect caused it to collapse and him to fall. Defendants offered evidence [274 Cal. App. 2d 450] that the decedent caused the ladder to fall by the manner in which he stood on it and worked from it, and that the leg was cracked in the fall. Four experts--one for plaintiffs and three for defendants--testified on this subject.
Crack Recover My Photos 446
But it is the element of warranty that the Greenman rule wholly abolished as a foundation of liability in the purveyor of a defective chattel (Prosser, op. cit. supra, 18 Hastings L.J. 9, 20 ["It is warranty that has gone overboard, and with it all idea that the plaintiff's recovery is founded on a contract, ..."]); and this is demonstrated by the more recent, but corollary rule, that a plaintiff can enforce strict liability in the absence of any contractual relation or privity of contract with the purveyor. (Elmore v. American Motors Corp. (1969) 70 Cal. 2d 578, 586 [75 Cal. Rptr. 652, 451 P.2d 84]; Barth v. B. F. Goodrich Tire Co. (1968) 265 Cal. App. 2d 228, 246 [71 Cal. Rptr. 306].) The cases which held that a bailor's liability for his customer's injuries was based upon contract therefore do not protect him from strict liability under the Greenman rule, which reaches him in tort. [274 Cal. App. 2d 452]
[4] Lessors of personal property, like the manufacturers or retailers thereof, "are engaged in the business of distributing goods to the public. They are an integral part of the overall ... marketing enterprise that should bear the cost of injuries resulting from defective products." (Vandermark v. Ford Motor Co., supra, 61 Cal. 2d 256 at p. 262.) In some cases the lessor "may be the only member of that enterprise reasonably available to the injured plaintiff" (id), and the imposition of strict liability upon him serves, as in the case of the retailer, as an incentive to safety. (See id) This will afford maximum protection to the injured plaintiff while working no injustice upon the lessor: the latter can recover the cost of the protection by charging for it in his business. (See id., at pp. 262-263.) In sum, the rationale of Greenman and Vandermark applies as logically and desirably to a lessor of chattels as to the manufacturers or retailers thereof. (See Lascher, Strict Liability In Tort For Defective Products: The Road To And Past Vandermark (1965) 38 So.Cal.L.Rev. 30, 57 ["B"].)
[7a] The evidence fairly shows that the decedent's statement to the police officer was made within about 15 minutes after the accident, during part of which interval the decedent had been unconscious; that he was dazed but coherent after having recovered consciousness, and spoke while still lying on the floor where he had fallen; and that he made the statement in response to questions of the "what happened?" variety from the officer, who was investigating the accident. [274 Cal. App. 2d 454]
FN 1. For present purposes, the ladder may be described as of conventional folding-stepladder design with two pairs of legs hinged together at the top and connected at a lower point by folding lateral braces on each side. It was an "8-foot" ladder, meaning it was 8 feet long in a folded position. When it was unfolded and erect in an inverted "V" position, the top of the ladder stood slightly short of 8 feet from the floor. The "cracks" were in the lower half of the left-hand step-bearing leg of the ladder.
Although dental implants are built for durability, they can break at times. For example, they may chip or crack due to excessive pressure before they are integrated into the jaw bone. Similarly, wear and tear can damage the abutment connecting the crown and cause it to chip.
I have been seeing Dr. Baxley approx. 5 weeks and she has made such a huge difference in my back. She doesn't just jump in and crack, snap or adjust your body, she spends time listening, really listening to your concerns and issues. She looks to find a long time solution, not just a quick "crack" to send you on your way, she helps you to help yourself in all areas, sitting, standing, shoes, pillows... these things all contribute to back issues...Give her a chance and get your life back.
I started seeing Dr Fiske in January 2014 and have been amazed at the results. I had chronic neck pain, headaches and lower back pain. I was in a lot of pain and feeling depressed about it. I was ready to try something new since other chiropractic had not helped. I experienced vast improvement and relief after the first visit. During the first adjustment I even found myself crying with relief after he adjusted my upper ribs and I took a truly deep breath. Checkout his website to learn about ABC. It really works. You may experience the "unwinding" of old injuries but don't be discouraged! It can also be a bit overwhelming to take in all of the suggestions to improve your posture but I've tried my best to follow Dr. Fiske's advice and have experienced such a higher quality of life. I purchased a great adjustable pillow and shoe inserts that have helped. I have more energy, better recovery from falls and pain triggers (extended times at the computer, airplane travel, stress). i've been seeing chiropractors most of my life for various pain issues and injuries. I've always been an athlete and have worked physically demanding jobs. Dr. Fiske and ABC has been the most effective, gentle care I've found yet. I also deeply appreciate the care and attention his wife, Anni contributes. She is very organized, friendly and helpful. Two very passionate and compassionate people! Your health deserves to be a priority and it's in good hands with Dr. Fiske.
I am a survivor of an auto accident three years ago and had neck and back problems until I saw Dr. Fiske. He is a deeply caring, and a very thorough chiropractic physician. Before I saw him, I went through numerous chiropractors (four total), and one physical therapist. I would feel OK for a little while, but then the symptoms of the neck pain and back pain were still ever-present. I used to have to crack my neck and back daily to readjust it myself. I lived in constant pain for three years...until my first adjustment with Dr. Fiske at White Oak Chiropractic. By the second visit, he had corrected my shallow breathing, and dramatically changed my posture! I read in an article that for every inch that the head moves forward in posture, it increases the weight of the head on the neck by 10 pounds! The extra weight is the most common causes of neck, head and shoulder tension and pain. Dr. Fiske must have relieved 30 pounds of weight from my neck. I could actually stand up straight for the first time and I was able breathe deeper and deeper with each visit when he adjusted me. I was no longer in pain. I thought I would never know what it would be like to be pain-free, but I was wrong. You can and you will improve, and you will heal with his technique in Advanced Biostructural Correction. I will say that I am sad that I live 500 miles away now and hope the ABC doctor in my area is as gifted as Dr. Fiske!
Eczema patches can also weep, develop cracks and even bleed, especially if your child scratches a lot. Bacteria and viruses can get into the skin through these cracks, which causes infections. This leads to light-brown or yellow crusts, blisters or pain. If the infections are severe, your child might have fever, headache and tiredness.
Old sycamore trees that are wounded when young by this type of injury can have cracks that reopen each winter during periods of extreme cold. A sycamore on the campus of Michigan State University had a frost crack wide enough to fit your hand well into the wood in the winter and when weather warmed, it would close. Over time these wounds may develop a raised area where callus tissue develops, attempting to close over the wound.
The Michigan State University Extension garden hotline has received calls on frost cracks over the winter. Homeowners contacting the hotline at 888-678-3464 were concerned on what they could do to help their trees. Once cracks have occurred in the bark, there is not much that can be done. As weather warms, these cracks close over, but can still be an entry point for decay fungi and also insects. Smart Gardening practices that focus on maintaining plant vigor such as watering during droughty conditions, alleviating compacted soils and fertilizing trees that have poor growth can help to prolong the life of the damaged trees.
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