Broadway v. Blythe Industries, Inc.

MARTIN, Justice.

On or about 10 January 1982, five-year-old Phillip Thompson was crushed to death when a large concrete storm drainage pipe, weighing approximately eighteen hundred pounds and measuring approximately four feet in length, rolled over him as he and other young children played about the pipes. This pipe and others had been delivered on or about 31 December 1981 by Howard Lisk, Inc. (“Lisk”), a common carrier, to the construction site across the street from the public housing project where Phillip lived. Employees of Lisk’s unloaded the pipes from their truck by use of a hydraulic…