Gilbert L. Tew v. Sun Oil Company Book Reviews
Gilbert L. Tew v. Sun Oil Company by New Castle County Superior Court of Delaware Book Summary
This is a personal injury action for damages allegedly resulting from defendants' failure to properly maintain an asphalt loading apparatus. Plaintiff Gilbert L. Tew, Jr. (Tew), was employed by Arctic Roofing, Inc. as a truck driver, and sustained injuries at defendants' refinery in Marcus Hook, Pennsylvania. Defendants have moved for summary judgment, contending that Tew assumed the risk of injury by knowingly continuing to operate the loading apparatus. It appears from the record that Tew, who frequently loaded asphalt at defendant's facility, was well aware of the potentially unsafe condition of the loading rack. The device involved is a large overhead rack, designed to propel liquid asphalt into the top of large trucks. According to Tew's deposition testimony, it was necessary to stand on the truck to physically manipulate the apparatus. Reading the evidence to favor the non-moving party, it appears that the loading device was quite difficult to operate when not adequately greased, and that the lack of such maintenance was common. Tew had experienced prior difficulties with the device and had submitted complaint slips according to defendants' company policy. However, remedial action, if taken, was only temporary.
Book Name | Gilbert L. Tew v. Sun Oil Company |
Genre | Law |
Author | New Castle County Superior Court of Delaware |
Published | 13 September 1979, Thursday |
Language | English |
E-Book Size | 60.25 KB |
Gilbert L. Tew v. Sun Oil Company (New Castle County Superior Court of Delaware) Book Reviews 2024
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Summary of Gilbert L. Tew v. Sun Oil Company by New Castle County Superior Court of Delaware
The Gilbert L. Tew v. Sun Oil Company book written by New Castle County Superior Court of Delaware was published on 13 September 1979, Thursday in the Law category. A total of 20 readers of the book gave the book 0 points out of 5.
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