Dugas v. C. Brewer & Co.
California Court of Appeal
1Opinion of the Court
Opinion
WHITE, P. J.
Adam Dugas, a longshoreworker who was injured while unloading cargo, appeals from a summary judgment in favor of the shipowner, respondent C. Brewer & Co., Ltd. For the reasons set forth below, we reverse.
In reviewing a summary judgment, we are limited to the facts shown in the affidavits and those admitted and uncontested in the pleadings. We determine only whether the facts so shown give rise to a triable issue of fact. Moreover, the moving parties’ papers are strictly construed, while those of the opposing party are liberally construed. A summary judgment *207is a drastic…
2Cases cited25 opinions
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
- Corwin v. Los Angeles Newspaper Service Bureau, Inc.California Supreme Court · 1971
- Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- Richard Hill v. Texaco, Inc.Court of Appeals for the Fifth Circuit · 1982
- Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1983
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3Cited by1 opinion
- Whitehill v. United States Lines, Inc.California Court of Appeal · 1986