Vintimilla v. National Lumber Co.

We are asked to decide whether the defendant, National Lumber Company (National Lumber), owed a duty of care to the plaintiff, Miguel Vintimilla, who was seriously injured at a construction site when he fell thirty-five feet to the ground from plywood planking that had been placed across the forks of a Lull All Terrain Forklift (forklift). The operator of the forklift was unlicensed. The forklift had been leased by its owner, National Lumber, to Vermont Construction Company (Vermont Construction),1 which employed both the unlicensed operator and the plaintiff. In fact, no one employed *498by…