Henry Ganno went to the Lumbermans Building in Fife, Washington, where he purchased 12-foot beam...
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Henry Ganno went to the Lumbermans Building in Fife, Washington, where he purchased 12-foot beam weighing 100 pounds. In the lumberyard, a store employee approached Ganno, took his receipt, and used a forklift to place the beam in the open bed of Gannos truck. The beam projected about 4 feet from the end of the truck. The employee asked Ganno if he wanted the beam flagged, Ganno said, Yes, and the employee flagged the beam. The employee did not tie down or otherwise secure the beam, however. A sign in the lumberyard stated that it was Lumbermans policy NOT to secure loads for customers. Ganno, who did not get out of the truck to check the load to make sure it was secure, drove out of the lumberyard onto a public street. When he turned a corner, the beam fell off of the truck. As Ganno attempted to retrieve the beam, another vehicle hit it, causing the beam to strike Gannos leg and shatter his kneecap. Ganno sued Lanoga Corporation, which owned the Fife Lumbermans store, alleging negligence in failing to secure the beam. Ganno v. Lanoga Corp., 119 Wash.App. 310; 80 P,2d 180
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