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Negligence : Co-Employee Liability – Duty – Forklift Accident
Stephanie Maniscalco//September 22, 2016
Negligence : Co-Employee Liability – Duty – Forklift Accident
Stephanie Maniscalco//September 22, 2016
Where a plaintiff, who was injured when his co-worker dropped the forks of a forklift machine onto his back, brought a negligence action against the co-worker, the judgment for the defendant is reversed and remanded because the claim asserted that the defendant had a duty to operate the forklift in a reasonably safe manner and that he breached this duty by lowering the forks without warning or protecting the plaintiff, so the plaintiff sufficiently asserted violations of the defendant’s personal duty of care.
Judgment is reversed and remanded.
Fogerty v. Armstrong (MLW No. 69728/Case No. ED100947 – 6 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Seigel, J. (Michael A. Gross and Richard T. Grossman for appellant) (Thomas J. Magee and Kathleen Schlef Hamilton for respondent).
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