Sheppard v. Krol

Plaintiff brought suit against defendant alleging legal malpractice due to negligent representation. On defendant’s motion, the trial court dismissed his first amended complaint with prejudice for failure to state a cause of action. Plaintiff appealed.

In his first amended complaint, plaintiff alleged that in the course of his employment with Jay’s Foods, Inc., he was required to operate a certain forklift truck. He alleged that on September 6, 1983, while he was standing in close proximity to it, the unattended forklift -with motor running suddenly changed gears from neutral to reverse and…