Tew v. Sun Oil Co.

O’HARA, Judge.

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 Artie 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…