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MENDOZA v. SOUTHERN PACIFIC TRANSP. CO.

No. 82-5807.

733 F.2d 631 (1984)

Francisco MENDOZA, Sr., Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO., a Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1984.

Attorney(s) appearing for the Case

Richard R. Reyes, Los Angeles, Cal., for plaintiff-appellant.

S. Dwayne Chasteen, David Kyle, William E. Still, Los Angeles, Cal., for defendant-appellee.

Before CHOY, NELSON and CANBY, Circuit Judges.

CHOY, Circuit Judge:

Southern Pacific Transportation Company ("Southern Pacific") employed Francisco Mendoza, Sr., the appellant, as a foreman. On September 28, 1978, Southern Pacific assigned Mendoza to its Burbank section yard in Los Angeles County. While preparing his gang to leave the yard, Mendoza tripped and fell over a hose that was lying on the ground as it was pulled by a co-employee. The co-employee was part of another gang that was filling a water tank...

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