Tomlinson v. Wilson & Toomer Fertilizer Co.

SHANNON, Acting Chief Judge.

The plaintiff filed his complaint against the defendant in a negligence action, and the trial court sustained the defendant’s motion to dismiss.

The defendant company had delivered a trailer load of fertilizer alongside a loading platform of the plaintiff’s employer. The plaintiff, with a helper, was unloading the trailer. He had loaded seven (7) one hundred (100) pound bags of fertilizer onto a hand truck that he was using and, stepping backward while attempting to turn the hand truck, he stepped into a defect on the floor of the trailer. The floor of the trailer…