Sims v. General Telephone & Electronics

• Decision Date: 12 July 1991
• Docket Number: No. 20727,20727
• Citation: 815 P.2d 151,107 Nev. 516
• Parties: Robert Norman SIMS and Nancy Katherine Sims, Appellants, v. GENERAL TELEPHONE & ELECTRONICS, d/b/a GTE Government Systems Corp., also d/b/a GTE Power Systems, also GTE, Respondent.
• Court: Nevada Supreme Court

Page 151

815 P.2d 151

107 Nev. 516

Robert Norman SIMS and Nancy Katherine Sims, Appellants, v. GENERAL TELEPHONE & ELECTRONICS, d/b/a GTE Government Systems Corp., also d/b/a GTE Power Systems, also GTE, Respondent.

No. 20727.

Supreme Court of Nevada.

July 12, 1991.

Monte J. Morris, Henderson, for appellants.

Lionel Sawyer & Collins, and David N. Frederick, Las Vegas, for respondent.

OPINION

PER CURIAM:

This is an unfortunate case. On January 22, 1987, Robert Sims (Robert), a janitor at respondent General Telephone and Electronics' (GTE) manufacturing plant, was found curled up in the bottom of a degreasing machine. At the time Sims was discovered, Robert Tate (Tate), the plant security guard, attempted to remove Sims from the degreaser, but was unsuccessful due to the heavy amount of toxic chemicals that was in the machine. Several minutes later, police arrived, and were finally able to remove Robert from the degreaser. Robert was then given emergency medical treatment and rushed to St. Rose de Lima Hospital, where he died four days later without regaining consciousness.

Robert's parents, appellants Robert Sr. and Nancy Sims, then brought this wrongful death action against GTE. In this lawsuit, appellants claim that GTE was negligent in three ways. First, appellants claim that GTE failed to provide Robert with proper warnings of the degreaser's dangers. Second, the Sims contend that GTE failed to take proper precautions against the hazards of the degreaser. Finally, appellants argue that Tate, GTE's employee, was negligent in his effort to rescue Robert.

After discovery, GTE moved for summary judgment on all issues. GTE maintained that appellants' claims were barred by the exclusive remedy provisions of the workers' compensation laws. Respondent further argued that even if GTE and Tate had behaved negligently in the manner described, appellants had produced no evidence that this negligence proximately caused Robert's death.

In October 1989, the court below first ruled on the summary judgment motion. Specifically, the district court held that genuine issues of fact existed regarding whether or not GTE was Robert's employer at the time of his death. Thus, summary judgment was denied on this issue.

Next, the court held that appellants had presented no evidence that would tend to show that any action by GTE proximately caused Robert's death. Finally, the district court held that, although appellants had failed to present any evidence that would show that Tate's rescue efforts had proximately caused Robert's death, it would allow appellants an extra month of discovery. The district court then ordered appellants to produce evidence during this period that would show that, if Tate had administered oxygen in the period before police arrived, it "would have made a difference." When appellants returned in November without any evidence in support of this causal link, summary judgment was granted.

The claims in this appeal are essentially the same as those in the court below. Namely, appellants contend that a factual dispute exists as to whether GTE or Tate's actions proximately caused Robert's death. Respondent disagrees with this contention, and also argues that, contrary to the finding of the court below, no dispute exists as to whether GTE was Robert's employer. We hold that factual disputes exist regarding GTE's negligence, Tate's negligence, and GTE's status as Robert's employer. Accordingly, we reverse the grant of summary judgment and remand for further proceedings.

I.

This case comes before us on appeal from a grant of summary judgment. The standard of review in such cases has been described many times by this court. In Butler v. Bogdanovich, 101 Nev. 449, 451, 705 P.2d 662, 663 (1985), we stated that "[a]n entry of summary judgment is proper only when there are no issues of fact and the moving party is entitled to an expedited judgment as a matter of law." The party opposing the motion must set forth specific facts that show that there is a genuine issue for trial. Van Cleave v. Kietz-Mill Minit Mart, 97 Nev. 414, 415, 633 P.2d 1220, 1221 (1981).

On appeal, the summary judgment standard thus requires us to determine whether a factual dispute exists with regard to each element of the cause of action. Consequently, in order to survive a summary judgment motion in a negligence claim, there must be factual disputes as to: (1) duty; (2) breach; (3) actual causation; (4) legal causation; and (5) damages. Perez v. Las Vegas Medical Center, 107 Nev. 1, 805 P.2d 589 (1991); Beauchene v. Synanon Foundation, Inc., 88 Cal.App.3d 342, 346, 151 Cal.Rptr. 796 (1979).

We have, in the past, indicated our hesitance to affirm the granting of summary judgment in negligence cases, because such claims generally present jury issues. Van Cleave, 97 Nev. at 417, 633 P.2d at 1222. If respondent can show that one of the elements is clearly lacking as a matter of law, however, then summary judgment is proper. Id.

With these principles in mind, we now turn to an examination of whether a factual dispute existed with respect to each element of each of appellants' negligence claims.

II.

Appellants' first contention is that GTE's negligence prior to the accident proximately caused Robert's death. Specifically, appellants claim that GTE was negligent in the following ways: (1) it failed to warn Robert of the dangers presented by the degreaser; and (2) it failed to secure the degreaser area adequately. We will now examine these claims more closely in order to determine if a factual dispute exists.

Duty

In Mangeris v. Gordon, 94 Nev. 400, 402, 580 P.2d 481, 483 (1978), we stated that in order for a negligence action to succeed, the alleged wrongdoer must owe a duty of care to the person injured. We further held that in failure to warn cases, defendant's duty to warn exists only where there is a special relationship between the parties, and the danger is foreseeable. Id. at 403, 580 P.2d at 483.

We also discussed the duty question in Southern Pacific Co. v. Huyck, 61 Nev. 365, 128 P.2d 849 (1942). In Huyck, this court held, in the context of a suit under the Federal Employees Liability Act, that an employer has a duty to exercise due care in maintaining a safe workplace. Id. at 379, 128 P.2d at 855.

These cases clearly reveal that GTE had a duty both to warn Robert of the dangers of the degreaser machine, and to ensure that the machine did not present unreasonable dangers to those in the workplace. Under Mangeris, where a special relationship exists, there is a duty to warn plaintiff of foreseeable dangers. Here, Robert worked in GTE's plant, and the dangers that the degreaser presented to people like Robert should have been apparent to GTE. Thus, GTE had a duty to warn Robert of the machine's dangers. Further, under Huyck, GTE had a duty to use reasonable care to make its workplace, including the degreaser area, safe. Thus, we now examine whether a factual dispute exists as to GTE's compliance with these duties.

Breach

The above cases show that GTE's duty was one of due care, both in ensuring that Robert was adequately warned, and in making its workplace safe. As stated in Merluzzi v. Larson, 96 Nev. 409, 412, 610 P.2d 739, 742 (1980), this requirement of due care "is invariably the same--one must conform to the legal standard of reasonable conduct in light of the apparent risk."

Thus, in order to breach this standard of care, a person must fail to exercise "that degree of care in a given situation which a reasonable man under similar circumstances would exercise." Driscoll v. Erreguible, 87 Nev. 97, 101, 482 P.2d 291, 294 (1971). Also, this court has noted that because reasonable people may often differ as to whether an amount of care was appropriate under the circumstances, the issue should generally be submitted to the trier of fact. Merluzzi, 96 Nev. at 413, 610 P.2d at 742. Consequently, in order to determine whether a factual dispute exists regarding breach, we must look at all the circumstances surrounding both the warnings given by GTE and the precautions taken with respect to the degreaser.

On the warning issue, several pieces of evidence were presented. First, there were three warning signs on the degreaser tank itself. One sign had the word "DANGER" printed on it in large lettering, and then stated, in detail, various hazards and precautions to be followed by users of the machine. Another sign on the machine was entitled, "OPERATING AND CAUTION INSTRUCTIONS." This sign contained several instructions on how to operate the machine safely. Finally, the third warning sign stated in large black lettering that the degreaser contained dangerous chemicals. This sign also described various precautions, first aid procedures, and handling and storage tips that should be followed when around the machine. On each of the three signs appears the ominous phrase: "DEATH CAN RESULT FROM CARELESSNESS."

In addition to the warning signs on the machine itself, several uncontradicted affidavits reveal that Robert was verbally warned about the dangers of the degreaser. Robert's supervisor, the plant security guard, and one of Robert's co-worker's all stated that Robert had been clearly warned never to enter the degreaser room, because of the great dangers of the machine.

Ordinarily we would agree that these verbal and written warnings were sufficient as a matter of law. However, appellants insist that the warnings lost their significance to Robert when the plant ceased operations and the degreaser room was no longer used. Appellants contend that Robert was not informed that the toxicity of the chemicals in the degreaser tank would not dissipate within a short time after its use was discontinued. Moreover, the young man, without contrary warnings, may have assumed that when degreaser room operations were shut down, the tank would have been cleaned and any dangerous chemical residues removed. Appellants conclude,...