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Torts keyed to Best
Shull v. B.F. Goodrich Co.
Citation:
477 N.E.2d 924 (Ind. Ct. App. 1985)Facts
Shull was a truck driver who worked for a freight company. On company orders, he drove his trailer to a B.F. Goodrich factory, where he was to pick up tires for shipment. When he arrived, Shull was directed to a specific dock and dock-plate. The dock-plate is a mechanical device that consists of a metal plate and is operated by a spring. The dock-plate is activated by pulling a ring to release the spring, then pulling the dock-plate down so that it rests on the trailer bed.
In Shull’s case, the dock-plate he was assigned was not working correctly. James Vogel, a Goodrich employee, worked with Shull to fix the ring. The dock-plate did not “lock” the first two times the two attempted to use the dock-plate, but appeared to work on the third attempt. While Shull was working on the dock-plate, it malfunctioned, throwing Shull from the dock-plate and onto his trailer floor.
Shull sued B.F. Goodrich for negligence, and a jury returned a decision for Goodrich. Shull appealed, claiming that the judge erred in refusing to instruct the jury that it may find that Goodrich breached a duty, without proving the specific breach, if (1) Goodrich had exclusive control over the instrument of injury, and (2) that the injury would normally not occur in the scenario without negligence.
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Topic Resources
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Topic Outline
NegligenceTopic Refresher Course
Negligence: Res Ipsa Loquitor (The Thing Speaks for itself)