Torts Keyed to Dobbs
Kastner v. Toombs
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Plaintiff, an employee of a Clearwater Drilling, was laying pipe for a water line project. This entailed use of a backhoe (and its operator) leased to Clearwater by Toombs. The digging of a large ditch was required, and the operator warned of the possibility of a cave-in; Clearwater insisted the work go forward, there was in fact a cave-in, and Kastner was injured. He sued Toombs, the trial court granted Toombs’ summary judgment motion, and Kastner appealed.
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