May v. Jefferson Smurfit Corp. (U.S.)

MEMORANDUM OPINION AND ORDER

GILMORE, District Judge.

The present case is before the court on Defendant’s Motion for Judgment of Dismissal on the Pleadings, or Alternatively, Motion for Summary Judgment.

I

Plaintiff Dennis May (hereinafter “Plaintiff’) was injured when his hand became caught in a paperboard winding machine while employed at a manufacturing plant owned and operated by Defendant Jefferson Smurfit Corporation (hereinafter “Defendant”). At the time of the injury, Plaintiff claims he had been forced to work a third consecutive shift by his supervisor, that he lacked formal training on…