Mason v. Kenyon Zero Storage

Shields, J. *

Ronald L. Mason appeals the summary judgment dismissal of his intentional tort claim against Kenyon Zero Storage, based on the actions of Kenyon employee Lonnie Barrett. He contends his evidence created genuine issues of material fact. We agree, reverse and remand for trial.

On April 24,1986, Lonnie Barrett assaulted Ronald Mason. He drove a forklift truck with a drum on it into Mr. Mason’s back, pinning him against another drum Mr. Mason was cleaning. Mr. Mason suffered permanent back injuries as a result. At the time, both men were working at a warehouse operated by Kenyon. Mr.…