Wineland v. Skagit Corp.

BRAY, J.* Appeal from judgment in favor of defendant Skagit Corporation after order sustaining demurrer to third amended complaint without leave to amend, presenting the question, should the third amended complaint have been sustained?

Record

After demurrers of defendant Skagit to three complaints sustained with leave to amend, plaintiff filed his third [890]amended complaint consisting of three counts. The first count is in negligence and is incorporated in its entirety in the other two counts. The second count is based upon warranty and the third on strict liability. It seems agreed that, as plaintiff states, “the basic cause of action—is the First Cause of Action.”

The third amended complaint (hereinafter “complaint”)1 alleges that plaintiff was an employee of McNamara Fuller Company. On or about December 31, 1965, he was injured while he was in the process of replacing a cable on a motorized hoist, described as a Skagit TR type tramline, which had been manufactured by defendant, a Washington corporation, and sold by it either to the Oro-Dam Constructors or to plaintiff’s employer.

Inasmuch as it is well-nigh impossible to understand from the complaint what plaintiff’s theory exactly is and the nature of the hoist or cableway and its relationship to the motive power installation, it is necessary to set forth most of the allegations of the complaint.2

As will appear from the complaint, plaintiff has alleged a “shotgun approach” to all possible issues appearing on the face of the complaint.

Paragraph III alleges that each of the defendants Paragraph III alleges that each of the defendants " was the agent and employee of each of the remaining defendants, and was acting within the purpose and scope of said agency and employment.”

Paragraph IV alleges that each of the defendants “designed, made, constructed, manufactured, inspected, safeguarded, equipped, installed and supervised, directed and inspected the installation of a certain hoist, described as Skagit Model TR 90 type Tramline . . . [serial number given]; that said tramline was activated and controlled by equipment consisting of the following: a control tower connected by cables to a motorized piece' of equipment located many hundreds of feet away, said motor having several wheels which were activated by energizing the motor by a switch contained in the control tower; in operation, the hoist being controlled by the cables. ’ ’