Benefield v. Pep Boys—Manny, Moe & Jack, Inc.

Mikell, Judge.

Rodney Dale Benefield a/k/a Elijah Dale Kilgore sued The Pep Boys—Manny, Moe & Jack, Inc. d/b/a “Pep Boys Distribution Center” (“TPB”) to recover damages for personal injuries he sustained when his arm was pulled through the rollers of a conveyor system operating on TPB’s premises. The trial court granted TPB’s motion for summary judgment on the grounds that Benefield assumed the risk of his injury, and Benefield appeals. We reverse because, in light of evidence that the metal safety plate had been removed from the conveyor system in the area where Benefield was working, that…