Williams v. City of Alhambra

WOOD (Parker), J.

Appeal from judgment of nonsuit in an action for damages for personal injuries sustained as the result of alleged negligence of defendants.

Plaintiff, 56 years of age, was an applicant for the position of park caretaker in Alhambra. After receiving a notice to appear at the city hall, he went there on November 29, 1951, and talked with defendant Mr. Lapham, who was the personnel director and administrative assistant to the city manager. Mr. Lapham told him and six or seven other applicants that they would be required to take a physical strength test. It may be stated generally that in taking the test an applicant pulls against the tension of a spring scale that registers the strength exerted. The apparatus, as shown in a photograph (Exhibit 2), may be described as follows: a board, which is about

2y2

feet long and 1 foot wide, lies flat on the floor or pavement and is the base of the apparatus; one end of a chain is attached to the middle of the board, and the other end is attached to a spring scale on which there is a dial that reg

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isters the strength exerted; the top of the scale is attached, by means of a hook and a ring, to the middle of a handle bar which is about 1

y2

feet long. The distance from the baseboard to the handle bar, when the connections between them (chain, scale and hook) are fully extended, is about 2% feet. The person taking the test stands on the baseboard with one foot on each side of the chain, takes the bar in his hands, and pulls upward. The pulling rotates a pointer on the dial of the scale which shows the strength exerted. The applicant who has the highest score receives the highest rating in the examination. If an applicant fails in the physical strength test, his name is not placed on the eligible list. On the day of the examination herein, applicants for the position of park caretaker were assigned to take the strength test in alphabetical order, and plaintiff was the last one on the list. No medical examination was given to any of the applicants prior to the strength test. The first phase of the test was a back-strength test. Then the applicants were given instructions by Mr. Lapham regarding the second phase of the test which, according to the testimony of appellant, was a leg-and-arm-strength test. They were instructed to stand on the board with their knees flexed and, while holding the bar in their hands, to place it on their thighs. The apparatus was then adjusted to the size of the applicant by adjusting the chain. The applicant was instructed to raise the bar with his arms and to exert pressure with the muscles of his legs and thighs, and to give it “all you got.” After the other applicants'had taken the second phase of the test, appellant took his position on the baseboard and took the bar in his hands. Mr. Lapham then told him to be sure that it was in “the most comfortable place that you can lift with.” Appellant began to exert himself to his full capacity because some of the records made by other applicants in the first test were higher than appellant’s record and he wanted to make as good a showing as possible. He exerted himself with all of his ability and at that time he felt a severe pain in his back and he fell to the pavement. He sustained an injury to his back and was taken to a hospital. While he was lying on the pavement he asked Mr. Lapham if he (appellant) had lifted anything and Mr. Lapham replied “you sure did, 580 pounds.” He testified that prior to taking the examination he was in excellent health. He stated in his application for the position that his health was good and he had no physical defects.