Jaramillo v. Anaconda Co.

I dissent.

The trial court found:

* * * if: * #

5. Plaintiff sustained injuries when he stepped on an unsecured accessway cover falling approximately forty feet.

6. Defendant had an affirmative duty to see the cover was secured properly and maintained for the protection of plaintiff.

7. The unsecured cover was in violation of Reg. 57.11-12, as adopted under the Mining Safety Act (69-8-12 through 69-8-15, N.M.S.A., 1978 Comp.) which requires “Openings above, below or near travelways through which men or materials may fall shall be protected by railings, barriers, or covers. * * * ”

8. Defendant was…