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Torts Keyed to Twerski
Timpte Industries Inc. v. Gish
Facts
Robert Gish (Gish), a truck driver, was responsible for hauling an open-top trailer made by Timpte Industries, Inc. (Timpte). The truck was designed to be loaded at the top, covered with tarp, and had ladders at each end of the trailer in order to view the contents of the trailer. Although Timpte displayed warnings advising people not to climb onto the top of the truck, Gish used the ladder to climb onto the top railing of the truck and fell. Gish sued Timptefor the negligent design of the trailer, claiming that the railing Gish was standing on was too thin and the top two rungs of the trailer allowed people access to the railing on the roof of the trailer. Summary judgment was granted in favor of Timpte and the court of appeals reversed.
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