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Remedies Keyed to Tabb, 8th
White Construction Company v. Dupont
Citation:
430 So. 2d 915 (1983)Facts
On September 13, 1977, Nathaniel Dupont, a 55-year-old independent truck owner/operator, arrived at Limerock’s mine to pick up a load of rock. He parked his four-axle tractor-trailer with the motor running and stepped between the cab and trailer to clean the cab. A Limerock employee driving a CAT 988 loader, weighing approximately forty tons and standing twenty-two feet high, proceeded to back the loader at top speed around a pile of limerock toward Dupont’s trailer. The driver looked back, realized he was going to hit the trailer, and shouted a warning. The loader struck the trailer, causing its gear to pop into forward position, forcing the trailer to advance about one and a half times its length and rolling over Dupont, who suffered permanent disability from his injuries.
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