Torts Keyed to Dobbs
Derdiarian v. Felix Contracting Corp
Dickens was driving eastbound on the thoroughfare where Plaintiff was working on an excavation. The driver suffered an epileptic seizure and lost consciousness, striking Plaintiff. The driver was undergoing treatment at the time, but had failed to take his medication that particular day. The automobile crashed through a single wooden horse-type barricade, and struck an employee of a subcontractor, who was propelled into the air. Upon landing, the employee was splattered by boiling liquid enamel from a kettle. Plaintiff and his wife sued the employer, Felix Contracting Corporation (Felix), Dickens, and the contractor for negligence, (Defendants) claiming that the employer failed to maintain a safe work site. Plaintiffs maintained that the barrier should have covered the entire width of the excavation site, and there should have been two flagmen present, as opposed to one. Felix contended that Plaintiff was injured solely as a result of Dickens’ negligence, because there was no causal link between Felix’s breach of duty and Dickens’ negligence.
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