Marshall v. Hale-Halsell Co.

SIMMS, Justice:

Markus Marshall, plaintiff below, appeals the summary judgment entered by the trial court in favor of Hale-Halsell Company. Marshall brought this action for damages after he ran over his own foot with a motorized lift provided by Hale-Halsell, by putting the lift in reverse gear. Hale-Halsell argued it was entitled to judgment as a matter of law because Marshall was the employee of an independent contractor, and as such, Hale-Halsell did not owe Marshall a duty to warn him of the obvious dangers associated with the use of the lift. The trial court agreed, and Marshall appealed.

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