Frantz v. Morrison Home Center, Inc.

PONDER, Judge.

Plaintiff appealed from a judgment denying recovery for injuries sustained at defendant’s place of business. The sole issue is that of liability.

We affirm.

Plaintiff, a trucking company employee, was delivering lumber to defendant. Two forklift trucks were used to remove it from the truck. Plaintiff stood in the back of his truck during the removal process. The load of lumber shifted and fell against plaintiff, causing his injuries.

Plaintiff argues the sole cause of the accident was the negligence of defendant’s employees. He also argues that the doctrine of res ipsa loquitur…