Jackson v. Murphy Farm & Ranch, Inc.
| Docket Number: | 2007-CA-00457-COA | |
| Oral Argument: | 03-27-2008 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Breach of duty - Safe workplace Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-12-2007 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES Case Number: CI-2003-0125 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROBERT LEE JACKSON |
RICHARD E. WILBOURN III |
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| Appellee: | MURPHY FARM AND RANCH, INC., DPM, INC. AND TMM, INC. | GERALD L. KUCIA | ||
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| Topic: | Personal injury - Breach of duty - Safe workplace |
| Summary of the Facts: | Robert Jackson, a farm laborer, brought suit against his employer, Murphy Farm and Ranch, Inc., DPM, Inc., and TMM, Inc., to recover for injuries he sustained while attempting to operate a tractor. Following the close of discovery, Murphy Farm and Ranch moved for summary judgment, which the circuit court granted. Jackson appeals. |
| Summary of Opinion Analysis: | Jackson argues that the granting of summary judgment was improper because a genuine issue of material fact remained regarding whether Murphy Farm and Ranch breached its duty to provide a safe workplace and safe equipment. Specifically, Jackson argues that the circuit court failed to consider the foreseeability of his injury due to a lack of formal training and the expert testimony addressing safe operation and maintenance of a tractor. A master has the duty to use reasonable care to furnish his servant with a reasonably safe place in which to work, and with suitable and reasonably safe instrumentalities to do his work. The master is not an insurer of the safety of the instrumentalities or places to work, furnished his servant, but he is liable for negligence for the failure to exercise due, ordinary, reasonable care in those respects. Jackson admitted in his deposition that he had operated tractors for approximately thirty-eight years before the accident, and he had operated the tractor involved in his injury since 1979. Jackson’s own explanation of the accident acknowledged that he attempted to start the tractor from standing on the ground, while standing in front of the tractor’s tire. Further, Jackson admitted that he attempted to start the tractor while it was in gear, rather than in neutral, which caused the tractor to jump and roll over him. While evidence existed showing that the tractor had a dead battery, such a defect cannot be classified to be a “dangerous condition” that would constitute a breach of Murphy Farm and Ranch’s duty to Jackson. |
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